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Patna High Court

Ashok Sah @ Ashok Gupta @ Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

Ashok Sah, the petitioner, was charged under IPC sections 412 and 34 and several provisions of the Arms Act in connection with the recovery of a country-made pistol and live cartridges from co-accused persons. The petitioner argued that he was falsely implicated, that no arms were recovered from his possession, and that the only basis for his inclusion was confessional statements of co‑accused, which he claimed lacked evidentiary value. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed out that another co‑accused had already been granted bail. The State opposed the bail application. Considering the facts, the court found the petitioner’s continued custody unwarranted and ordered bail with a bond of Rs.15,000, two sureties, a family member as a bailor, and strict appearance conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the IPC and Arms Act.
  • Whether confessional statements of co‑accused provide sufficient basis to deny bail.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • confessional statements
  • co‑accused
  • criminal antecedents
  • Section 103 BNSS
  • trial appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7417 of 2026
                     Arising Out of PS. Case No.-82 Year-2024 Thana- CHHAURADANO District- East
                                                        Champaran
                 ======================================================
                 Ashok Sah @ Ashok Gupta @ Ashok Kumar S/O Late Ram Ekbal Sah R/O
                 Village- Dumariya @ Dumaria, Ward no. 13, P.S. - Bathnaha, Dist. -
                 Sitamarhi.
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chhauradano P.S. Case No. 82 of 2024, instituted for the

                   offences punishable under Sections 412/34 of the Indian Penal

                   Code, read with Sections 25(1-B)(a), 26, 27 and 35 of the Arms

                   Act.

                                3. The prosecution case, in short, is that there is

                   recovery of one country made pistol and three live cartridges

                   from the possession of co-accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.7417 of 2026(2) dt.02-02-2026
                                            2/3




          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner was not arrested on spot.

          Name of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused persons, namely,

          Bhajju Thakur and Dipesh Kumar and the same has got no

          evidentiary value. It is next submitted that no any recovery of

          arms have been made from the possession of the petitioner. The

          petitioner is in custody since 20.12.2024 and has got six

          criminal antecedents. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel

          for the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 21.07.2025

          passed in Cr. Misc. No. 44613 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of
             Patna High Court CR. MISC. No.7417 of 2026(2) dt.02-02-2026
                                                         3/3




                       Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Chhauradano P.S. Case No. 82 of

                       2024, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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