Patna High Court
Ashutosh Kumar @ Ashotosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
Ashutosh Kumar was arrested in connection with a murder case and charged under Sections 103 and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. He contended that the FIR was lodged against unknown persons and that he was falsely implicated, noting that the only statements against him were confessional statements of co‑accused that did not lead to any recovery. No tip‑off investigation was conducted despite an alleged eye‑witness, and the petitioner had been in custody since 25‑04‑2025. The State opposed bail, but the court considered the lack of substantive evidence and procedural lapses. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and a condition to appear before the Judicial Magistrate.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 103, 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act in view of the evidentiary material and procedural lapses.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Narcotic offences
- evidence
- TIP
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64740 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Ashutosh Kumar @ Ashotosh Kumar S/o Yugal Singh R/o vill- Jamuna, P.S.-
Imamganj, Distt.- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Prabhakar
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-103, 3(5) of BNS and 27 of
the Arms Act.
3. It is alleged that the informant came to know that
his brother, who used to work in a finance company, has been
killed by three unknown persons in the way while he was
coming after collecting money from the customers.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The FIR has been registered against unknown
persons. Nothing emerged against the petitioner in the entire
Patna High Court CR. MISC. No.64740 of 2025(5) dt.19-01-2026
2/2
case diary. Except confessional statement of co-accused,
Gulshan and Rohit, and that too, is not leading to any recovery,
there is nothing against the petitioner. The petitioner is under
custody since 25-04-2025. No TIP has been conducted despite
the fact that Umesh Thakur in paragraph-19 claims himself to be
an eye witness. No reason has been assigned for non-conducting
of TIP.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Judicial
Magistrate-Ist Class, Sherghati, Gaya in connection with
Imamganj P.S. Case No. 33 of 2025 with condition that the
petitioner will appear in the court below on each and every
date fixed in the case.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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