Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-AAA), 25(1-B)(a), 26(2), 27, 35
- Bihar Narcotic Substances Act — s. 105, 109, 111, 132, 3(5)
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
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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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