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Patna High Court

Ajay Das @ Ajay Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the seriousness of the offences, the recovery of arms from the petitioner’s house, and his prior criminal antecedents warranted continued custody.

Summary

The petitioner, Ajay Das, was arrested in connection with a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act after illegal arms and ammunition were recovered from his residence. The prosecution alleges that the arms were purchased by co‑accused from the petitioner, who is alleged to be involved in illegal arms dealing. The petitioner contended that the recovery was made from a jointly owned house, that the search and seizure procedures were not properly followed, and that he was falsely implicated. He also highlighted that he has been in custody since 17 July 2025 and that he has five prior criminal records, one of which relates to a similar offence. The State opposed bail, emphasizing the petitioner’s antecedents and the danger posed by his alleged activities. The Court, considering the seriousness of the offences, the recovery of unfinished arms from the petitioner’s house, and the prior convictions, refused bail and directed the trial court to expedite the trial within one year, after which the petitioner may renew his bail application.

Issues considered

  • Whether bail should be granted to a person charged under the Arms Act when illegal arms have been recovered from his residence.
  • Whether the alleged procedural irregularities in the search and seizure affect the grant of bail.
  • Whether the petitioner’s prior criminal antecedents, including a similar offence, justify denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal arms
  • criminal antecedents
  • search and seizure
  • joint property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78228 of 2025
                     Arising Out of PS. Case No.-169 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Ajay Das @ Ajay Kumar Das, S/o Suresh Das, R/o - Nariyar, P.S - Saharsa
                 Sadar, Dsitrict - Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sanjeev Verma, Advocate.
                 For the State           :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   21-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Saur

                   Bazar P.S. Case No. 169 of 2025 registered for the offences

                   punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

                                 3. As per prosecution case, arms were recovered from

                   illegal possession of two co-accused who stated to the Police

                   that they had purchased the recovered illegal arms from the

                   petitioner who deals in illegal arms and ammunition. On raid at

                   the house of the petitioner, illegal arms and ammunition

                   including one unfinished arms were recovered from his house.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that charge has already been framed in
Patna High Court CR. MISC. No.78228 of 2025(3) dt.21-01-2026
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          this case. He also submits that the house from where the

          recovery has been made is joint property of his family. He also

          submits that it is recovered not from the personal possession of

          the petitioner but from the house of the petitioner and procedure

          of search and seizure has not been followed at the time of the

          alleged recovery of arms and ammunition.

                       5. He further submits that the petitioner has been

          languishing in jail since 17.07.2025.

                       6. It has also been stated in paragraph No. 3 of the bail

          petition that the petitioner has five criminal antecedents.

                       7. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one.

                       8. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail submitting that the

          petitioner has five criminal antecedents and one of them is

          similar nature which shows that the petitioner is involved in

          manufacturing of illegal arms and sell them to the people and it

          is very dangerous to the people.

                       9. Considering the aforesaid facts particularly the

          criminal antecedents including one of similar nature and

          recovery of illegal arms including unfinished arms from the
              Patna High Court CR. MISC. No.78228 of 2025(3) dt.21-01-2026
                                                          3/3




                        house of the petitioner, I am not persuaded to enlarge the

                        petitioner on bail.

                                     10. Accordingly, the prayer for bail of the petitioner

                        stands rejected.

                                     11. However, learned Trial Court is directed to

                        expedite the trial and conclude the same within one year, failing

                        which, the petitioner would be at liberty to renew his prayer for

                        bail.




                                                                    (Jitendra Kumar, J)
S.Ali/-

U         T


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