Patna High Court
Pintu Singh @ Ajit Singh @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted because the prosecution did not establish that the accused possessed the recovered firearms and the charge‑sheet had already been filed after an extended custody period.
Summary
The petitioner, Pintu Singh, was arrested in connection with a case alleging violations of Sections 25(1‑B)a, 26 and 35 of the Arms Act after a police raid recovered a musket and ammunition from his house. The petitioner contended that he was innocent, that no weapons were recovered from his person, and that he had been falsely implicated. The prosecution opposed bail, relying on the seriousness of the alleged offences. The court noted that the petitioner was not apprehended at the spot, no firearms were found in his possession, and a charge‑sheet had already been filed after a prolonged period of custody. Considering these facts, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S. The decision reflects the principle that bail may be granted when the prosecution fails to establish a direct link between the accused and the seized weapons.
Issues considered
- Whether bail should be granted to the accused when no weapons have been recovered from his person and he was not apprehended at the spot of the alleged offence.
- Whether the period of custody and filing of charge‑sheet justify the grant of bail under the Arms Act.
Legislation cited
Subjects
- bail
- Arms Act
- illegal possession of firearms
- criminal procedure
- Section 480(3) B.N.S.S.
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3381 of 2026
Arising Out of PS. Case No.-271 Year-2024 Thana- PASRAHA District- Khagaria
======================================================
Pintu Singh @ Ajit Singh @ Ajit Kumar son of Late Kamleshwari Singh @
Kamleshwar Pahalwan Resident Of Village- Mahadipur, PS -Pasraha, Dist
-Khagria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Pasraha P.S. Case No. 271 of 2024 registered
for the alleged offences under Sections 25(1-B)a/26/35 of the
Arms Act.
03. As per prosecution case, police, on getting
information about storage of huge quantity of firearms and
ammunitions in the house of the petitioner, conducted a raid and
the petitioner and other co-accused persons fled away from the
spot. Recovery of one musket loaded with one live cartridge and
bandolier containing 8 live cartridges was made in front of the
house of the petitioner, allegedly left by him.
Patna High Court CR. MISC. No.3381 of 2026(2) dt.28-01-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. The petitioner was not
apprehended from the spot and no recovery of firearms has been
shown from him. In this backdrop, any of the provisions under
Arms Act is not made out against the petitioner. The petitioner
has antecedent of one more case which has been lodged on the
same day. The petitioner is in custody since 22.04.2025 and
charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from the petitioner and also
considering the period of custody of the petitioner and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, Ist Class,
Khagaria/concerned Court in connection with Pasraha P.S. Case
Patna High Court CR. MISC. No.3381 of 2026(2) dt.28-01-2026
3/3
No. 271 of 2024, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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