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Patna High Court

Ashok Das @ Ashok Kr. DasversusThe State of Bihar

Decided
Disposal
ALLOWED

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

  • Arms Act — s. 25(1-b)a, 26, 35
  • B.N.S. — s. 111, 132, 310(4), 310(5)

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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