Patna High Court
Aasif Kumar @ Sawan @ Ashik Kumar @ Sawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
The Patna High Court considered bail applications filed by Chhotu Mishra and two co‑accused, Aasif Kumar and Vikash Kumar Tiwary, in a case registered under several provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the NDPS Act. The prosecution alleged that the accused were caught during a police raid with knives and that a co‑accused possessed a small quantity of narcotics, but no contraband was found on the petitioners themselves. The petitioners argued that they were falsely implicated, that the recovery did not satisfy Section 103 of the BNSS, and that the quantity of narcotics, if any, fell below the threshold for a Section 37 NDPS bar, also noting non‑compliance of Sections 42 and 50 of the NDPS Act. The State opposed bail, but the Court noted the petitioners’ lack of prior record (except Mishra’s four antecedents), the parity with a co‑accused already released on bail, and the absence of material seized from them. Consequently, the Court granted bail to all three petitioners upon furnishing a bond of Rs 15,000 with two sureties each.
Issues considered
- Whether bail can be granted to accused charged under Sections 310, 317, 111 and 3 of the Bharatiya Nyaya Sanhita, 2023, and related provisions of the Arms Act and NDPS Act.
- Whether the recovery of narcotics from a co‑accused, being a small quantity, bars bail under Section 37 of the NDPS Act.
- Whether non‑compliance of Section 103 of the BNSS and Sections 42 and 50 of the NDPS Act precludes bail.
- Whether parity with a co‑accused already released on bail warrants granting bail to the petitioners.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 111, 310(4), 310(5), 317(2), 317(5), 3(5)
- NDPS Act — s. 18, 22, 37, 42, 50
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- NDPS Act
- seizure
- contraband
- parity
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80525 of 2025
Arising Out of PS. Case No.-611 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Chhotu Mishra Son of Late Mahendra Mishra R/o Village- Yadav Chouk,
P.S.- Parsa Bazar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79464 of 2025
Arising Out of PS. Case No.-611 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Aasif Kumar @ Sawan @ Ashik Kumar @ Sawan Kumar S/o- Pankaj
Pankaj Pandey @ Pankaj Tiwary R/v- Kartahan Ps- Kartahan Dist- Vaishali
2. Vikash Kumar Tiwary S/o- Dara Tiwary R/v- Rahika Ps- Rahia Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 80525 of 2025)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
(In CRIMINAL MISCELLANEOUS No. 79464 of 2025)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Patna High Court CR. MISC. No.80525 of 2025(3) dt.11-02-2026
2/3
Marhowrah P.S. Case No. 611 of 2025 instituted for the offence
under Sections 310(4), 310(5), 317(2), 317(5), 111 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)a, 26 & 35 of
the Arms Act and Sections 18 & 22 of the NDPS Act.
3. The prosecution case, in brief, is that on
30.08.2025, on secret information, the police raided a mango
orchard where petitioners were apprehended along with others
while allegedly planning to commit an offence. Upon search,
three foldable knives were recovered from their possession, one
from each, and they allegedly confessed their involvement in
acts of snatching and robbery. It is also alleged that there is
recovery of 6.20 grams smack from other co-accused person.
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 31.08.2025. Petitioner,
namely, Chhotu Mishra bears four criminal antecedents,
whereas petitioners, namely, Aasif Kumar and Vikash Kumar
Tiwary bear no criminal antecedent, as per disclosure made in
the paragraph No. 3 of the bail applications.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. Nothing has been recovered from the conscious
possession of the petitioners. Petitioners have no concern with
Patna High Court CR. MISC. No.80525 of 2025(3) dt.11-02-2026
3/3
the alleged recovery of knifes. There is no compliance of
Section 103 of the BNSS, 2023. No contraband was recovered
from the petitioners’ possession, rather the same was recovered
from co-accused. Even though, if the recovery of contraband is
taken on its face value, the same is below small quantity, hence,
there is no bar under Section 37 of the NDPS Act. There is no
compliance of Sections 42 and 50 of the NDPS Act. Other co-
accused has been granted bail by this Court vide order dated
20.01.2026, passed in Cr. Misc. No. 81868 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and claim based
on parity, this Court is inclined to grant bail to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 611 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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