Patna High Court
Ashok Das @ Ashok Kr. DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding insufficient material evidence linking him to the alleged offences.
Summary
Ashok Das was arrested in connection with a case registered under Sections 310(4), 310(5), 132 and 111 of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The police, acting on a tip, seized three persons at a field; no weapons were recovered from them, only from a co‑accused, Saurav Sarans. The petitioner contended that he was falsely implicated, had no possession of any arms and had been in judicial custody since 10‑09‑2025. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found no material evidence linking the petitioner to the recovered arms and, considering the circumstances, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order effectively enlarges the petitioner on bail pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the B.N.S. and the Arms Act.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- judicial custody
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88829 of 2025
Arising Out of PS. Case No.-899 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Ashok Das @ Ashok Kr. Das, S/O Baijnath Das @ Bajnath Ravidas, R/o
Argara Chowk, P.S.- Nagar, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Katihar Nagar P.S. Case No. 899 of 2025 registered for the
offence punishable under Sections 310(4), 310(5), 132 and 111
of the B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
police got information that certain miscreants were planning to
commit a crime in Laheri field at Argara Chowk. For the
confirmation of the information, the police rushed at the Laheri
field and saw that four persons were fleeing. They were chased.
Three persons were apprehended. They were identified as Ashok
Kumar Das, the petitioner, Bunty Jaiswal and Raja Kumar.
Nothing was recovered from them. The apprehended persons
disclosed that one person, namely, Saurav Sarans has fled away
Patna High Court CR. MISC. No.88829 of 2025(2) dt.06-01-2026
2/2
and it is submitted that from the possession of Saurav Sarans,
one automatic pistol and eight live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. He has
no concern with the co-accused Saurav Sarans and alleged
recovered arms. Petitioner is languishing in judicial custody
since 10.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Katihar Nagar P.S. Case No. 899 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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