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Patna High Court

Ajeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Ajeet Kumar, was charged under Sections 111, 109, 132 and 3(5) of the Bihar Narcotic Substances Act and several provisions of the Arms Act for allegedly possessing 98 live cartridges. The prosecution alleged the cartridges were recovered from the petitioner’s bag, while the defence contended that the seizure was made from a boat, the petitioner was not on the boat, and the police failed to comply with Section 105 of the BNSS during the seizure. The petitioner asserted he had no prior criminal record and had been in judicial custody since 25‑08‑2025. After hearing both sides, the court found the arguments on procedural lapse insufficient to deny bail and considered the petitioner’s lack of antecedents. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the narcotic and arms offences.
  • Whether the seizure of the cartridges complied with Section 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s lack of prior criminal antecedents and custodial status warrant bail.

Legislation cited

Subjects

  • bail
  • narcotic offences
  • arms act
  • seizure procedure
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31650 of 2026
                         Arising Out of PS. Case No.-672 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Ajeet Kumar S/o Rajeshwar Rai R/o Village - Chakiya(Doriganj), Police
                 Station - Doriganj, District - Saran at Chapra.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bihta P.S. Case No.672 of 2025 registered for the offence

                   punishable under Sections 111, 109, 132 & 3(5) of the BNS and

                   under Sections 25(1-AAA), 25(1-B)(a), 26(2), 35 and 27 of the

                   Arms Act.

                                3. The case of the prosecution, in short, is that from

                   the bag of this petitioner altogether 98 live cartridges were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. He has further submitted that

                   actually the recovery was made from a boat and the petitioner
            Patna High Court CR. MISC. No.31650 of 2026(2) dt.12-05-2026
                                                        2/2




                      was not on boat. It has further been submitted that the witnesses

                      of the seizure list are police personnel and police have not

                      complied Section 105 of the BNSS while making seizure.

                      Learned counsel for the petitioner has lastly submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 25.08.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      A.C.J.M.-II, Danapur in connection with Bihta P.S. Case No.672

                      of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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