Created by Fuzzy Cloud

Patna High Court

ARJUN DAS @ KARIYA @ KALLUversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner given his criminal antecedents and the seriousness of the offences.

Summary

Arjun Das was arrested in connection with a case registered under Sections 25(1-b)(a) and 26 of the Arms Act after a pistol and live cartridge were recovered from him. He has been in custody since 28 November 2023 and is also implicated in twelve other serious criminal matters. The petitioner filed a second application for regular bail, contending that the trial was nearing its conclusion. The court noted his extensive criminal antecedents and the seriousness of the offences, and consequently declined to grant regular bail. The trial court was directed to expedite the pending trials, and the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to a petitioner charged under Sections 25(1-b)(a) and 26 of the Arms Act, considering his criminal antecedents and the fact that the trial is near conclusion.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • criminal antecedents
  • custody
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51974 of 2025
                    Arising Out of PS. Case No.-403 Year-2023 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Arjun Das @ Kariya @ Kallu S/O Sita Ram Das Resident Of Ward No. 13,
                 Village Bakhri Buzurg, Rupauli Buzurg, Police Station- Musarigharari,
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar
                 For the Opposite Party/s :        Mr. Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   16-02-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Ujiyarpur P.S. Case No.

                   403 of 2023 registered for the offence under Sections 25(1-b)a

                   and 26 of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 03.07.2024 in Cr. Misc. No. 45933 of 2024 which

                   reads as follows:-

                                                          Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                          2. This application for grant of
                                              regular bail arises out of Ujiyarpur P.S. Case
                                              No.403 of 2023 registered for the offence
                                              punishable under Sections 25(1-b)(a) and 26 of
                                              the Arms Act.
                                                          3. One country made pistol and one
            Patna High Court CR. MISC. No.51974 of 2025(5) dt.16-02-2026
                                                        2/2




                                              live cartridge have been recovered from the
                                              petitioner. He is in custody since 28.11.2023.
                                              The petitioner is also accused in 12 more serious
                                              criminal cases.
                                                          4.    Considering      the     criminal
                                              antecedents of the petitioner, I am not inclined to
                                              grant the petitioner privilege of regular bail.
                                              Accordingly, this application is rejected.
                                                          5. The trial court is directed to
                                              expedite the trialof all the cases pending against
                                              the petitioner and conclude the same as early as
                                              possible.
                                                          6. The Superintendent of Police,
                                              Samastipur will see to it that the trial is held on
                                              day-to-day basis.
                                                          7. Let a copy of this order be
                                              communicated to the Superintendent of Police,
                                              Samastipur forthwith through FAX or e-mail for
                                              its compliance.


                                   4. It has been submitted by the learned counsel for the

                      petitioner that the trial is on the verge of conclusion and the

                      petitioner is in custody since 28.11.2023.

                                   5. Considering the fact that the trial is on the verge of

                      conclusion, I am not inclined to grant regular bail to the

                      petitioner. Accordingly, this application for regular bail is

                      hereby rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.