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Patna High Court

Ajit Pandit @ Ajit BhartiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail cannot be granted as the trial is underway and the petitioner has already been denied bail on two prior occasions.

Summary

The petitioner, Ajit Pandit, applied for bail in a case involving multiple offences under the Arms Act, specifically Sections 25(A), 25(1A), 25(1AA), 25(1B), 25AB, 26(1)(2) and 35. This was his third attempt to obtain bail. The Court examined the earlier order dated 25‑10‑2024, which had already rejected his regular bail application. It noted that the trial is already in progress, with witnesses being examined in the related Sessions Trial No. 338 of 2021. Considering the ongoing trial and the fact that the petitioner has already been denied bail twice, the Court refused the bail application, marking the third rejection.

Issues considered

  • Whether bail can be granted when the trial has already commenced and witnesses are being examined
  • Whether a third bail application can be entertained after prior rejections
  • Applicability of the specific provisions of the Arms Act to the bail decision

Legislation cited

  • Arms Act — s. 25(1A), 25(1AA), 25(1B), 25(A), 25AB, 26(1)(2), 35

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • trial commencement
  • repeat bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70166 of 2025
                     Arising Out of PS. Case No.-30 Year-2021 Thana- KASHICHAK District- Nawada
                 ======================================================
                 Ajit Pandit @ Ajit Bharti S/o Late Ganauri Pandit @ Ganauri Bharti R/o
                 Village- Madhepur, P.S.- Kashichak, District- Nawadah
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brajesh Prasad Gupta, Advocate
                 For the Opposite Party/s :      Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 25(A)/(1A)/(1AA)/(1B)/AB,

                   26(1)(2) and 35 of the Arms Act.

                                3. Learned counsel for the petitioner submits that this

                   is the third attempt of the petitioner to seek bail.

                                4. The Court has perused the order dated 25.10.2024

                   passed in Cr. Misc. No. 71888 of 2024 by which the regular bail

                   application of the petitioenr was rejected, as such, is not

                   inclined to release the petitioner on bail since the trial has

                   commenced and witnesses are being examined in connection

                   with Sessions Trial No. 338 of 2021 arising out of Kashichak

                   P.S. Case No. 30 of 2021 pending in the Court of learned

                   District & Additional Sessions Judge-IX, Nawada/Successor
           Patna High Court CR. MISC. No.70166 of 2025(2) dt.25-02-2026
                                                       2/2




                     Court.

                                  5. Hence, the prayer for bail is thrice rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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