Patna High Court
Ashok Sah @ Ashok Gupta @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 34, 412
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
Checking your session…