Patna High Court
Ashik Kumar @ Ashik @ Chhotu @ Chhote SarkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bail bond of Rs.10,000 and specified conditions.
Summary
Ashik Kumar was arrested on 6 May 2025 in connection with a case involving the alleged recovery of two country‑made pistols and four live cartridges. The FIR charged him under sections 310(4), 310(5), 317(5), 61(2) of the BNS Act and sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner contended that he was falsely implicated, relying on his own statement and confessional statements of co‑accused, and asserted that the arms were seized after his arrest. He also highlighted that he faces seven other criminal cases, five of which he is already on bail. The State opposed bail, noting the pending cases. The Court, after considering the submissions, ordered the petitioner’s release on bail of Rs.10,000 with two sureties and imposed several conditions, including verification of his antecedents and cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and the existence of multiple pending cases.
Legislation cited
Subjects
- bail
- false implication
- arms seizure
- multiple pending cases
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90891 of 2025
Arising Out of PS. Case No.-367 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Ashik Kumar @ Ashik @ Chhotu @ Chhote Sarkar Son of Nankhi Mahto @
Ram Kishun Mahto Resident of Village- Dhanki, Jaipur, P.S.- Agam Kuan,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajanan Mishra, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Gajanan Mishra, learned counsel for the
petitioner and Mr.Aditya Narayan Singh.1, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
06.05.2025 in connection with Agam Kuan P.S. Case No. 367
of 2025, F.I.R. dated 06.05.2025 registered for the offence
punishable under Sections 310(4),310(5),317(5),61(2) of BNS
and Sections 25(1-b)a,26/35 of Arms Act.
3. The case relates to recovery of two country made
pistol and four live cartridges.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.90891 of 2025(2) dt.13-01-2026
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present case on the basis of self statement of the petitioner and
confessional statement of other co-accused persons, arms has
been recovered from the place of occurrence. Learned counsel
for the petitioner submits that the petitioner has been arrested on
05.05.2025 but the recovery has been made on 06.05.2025 and it
appears from the seizure list that one country made pistol, four
live cartridges and one local katta have been recovered from the
place of so called Khatal. Learned counsel for the petitioner
submits that the petitioner has no concern at all with the alleged
recovery of arms as mentioned in the seizure list and after arrest
in the present case the petitioner has been falsely implicated in
seven criminal cases other than the present one as mentioned in
para-3 of the bail petition. The police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 06.05.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
seven more cases other than the present one but fairly submits
that out of seven cases, the petitioner is on bail in five cases and
rest two cases are pending for consideration before the
competent court of law, as mentioned in para-3 of the bail
petition.
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6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-IV, Patnacity, Patna
in connection with Agam Kuan P.S. Case No. 367 of 2025,with
the following conditions:-
(I) Learned court below shall verity the genuineness
of paragraph-12 of the bail petition which suggests that after
arrest of the petitioner in the present case, the petitioner has
been remanded in other cases, as mentioned in paragraph-3 of
the bail petition.
(II) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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