Patna High Court
Ashiq @ Ashiq Kumar @ Chhotu @ Chhote SarkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as there is no material evidence against the petitioner and the case rests solely on a co‑accused’s confession.
Summary
The petitioner, Ashiq Kumar, was arrested on 27 May 2025 in connection with a case registered under Section 317(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The prosecution’s case is based on the recovery of a pistol, cartridges, a mobile phone and a remote key from a co‑accused, Happy Kumar, whose confessional statement implicated the petitioner. No incriminating article was found in the petitioner’s possession and no other material links him to the offence. The petitioner pleaded innocence and sought bail, while the State opposed, citing seven other pending cases against him. The court, noting the lack of direct evidence and the reliance solely on a co‑accused’s confession, granted bail subject to a bond of Rs 10,000 and several conditions.
Issues considered
- Whether bail can be granted in the absence of direct incriminating material against the petitioner
- Whether a co‑accused’s confessional statement alone is sufficient to justify continued detention
- Whether the petitioner’s other pending criminal cases affect the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
Subjects
- bail
- criminal procedure
- Arms Act
- confessional statement
- co-accused
- evidence
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4171 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Ashiq @ Ashiq Kumar @ Chhotu @ Chhote Sarkar S/o- Ram Kishun Mahto
@ Ram Krishn Mahto @ Nankhi Mahto Village- Dhanki @ Jaipur Dhanuki
PS- Agam Kuan Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Gajanan Mishra, learned counsel for the
petitioner and Mr. Rajendra Nath Jha, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
27.05.2025 in connection with Agam Kuan P.S. Case No. 313 of
2025, F.I.R. dated 12.04.2025 for the offences punishable under
Section 317(5) of the BNS, 2023 and section 25(1-b)a, 26, 35 of
the Arms Act.
3. According to prosecution case, one country made
pistol, 5 cartridges, a Samsung Mobile and one remote key were
recovered from possession of co-accused persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the allegation
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. The name
of the petitioner has been transpired during investigation on the
basis of confessional statement of apprehended co-accused
person, namely, Happy Kumar @ Thakur who has disclosed the
name of the petitioner. It appears from the FIR that the alleged
recovery has been made from the apprehended co-accused
person, namely, Happy Kumar @ Thakur and except aforesaid,
no other cogent material has come during investigation against
the petitioner to suggest the involvement of the petitioner in the
present occurrence. The police after investigation, submitted
chargesheet against the petitioner and he is in custody since
27.05.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
seven more cases other than the present one but fairly submits
that out of seven cases the petitioner is on bail in three cases and
rest four cases are pending for consideration before the
competent court of law.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that the name of petitioner has been
transpired during investigation on the basis of confessional
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statement of apprehended co-accused person and no
incriminating material has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-IV, Patna City in connection
with Agam Kuan P.S. Case No. 313 of 2025, with the following
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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