Patna High Court
Ashutosh Kumar Mourya @ Golu @ Ashutosh Mourya @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Ashutosh Kumar Mourya, was in custody for offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act, 1959, alleged to have fled the scene of a crime where a country‑made pistol and live cartridges were recovered. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that the case was fabricated due to his extensive criminal record. The State opposed bail, emphasizing the petitioner’s twelve prior convictions and the seriousness of the arms offences. The Court, after hearing both sides, granted bail on a Rs.10,000 bond with two sureties, imposing conditions such as personal appearance at each trial date, verification of antecedents, regular reporting to the Superintendent of Police, and possible cancellation for non‑compliance or future similar offences. The order clarified that any observations made therein would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the petitioner accused under the Arms Act despite his extensive criminal antecedents
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedents
- court conditions
- police report
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91323 of 2025
Arising Out of PS. Case No.-303 Year-2021 Thana- ROSERA District- Samastipur
======================================================
Ashutosh Kumar Mourya @ Golu @ Ashutosh Mourya @ Rahul, Son of Ram
Rekha Prasad, Resident of village- Madhaipur PS -Dalasingsarai District
-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Rosera P.S. Case No.303 of 2021 registered for
the offences punishable under Sections 25(1-B)a, 26, 35 of the
Arms Act, 1959.
3. As per the prosecution case, the allegation against
the petitioner is that he fled away from the place of occurrence
and the police apprehended one person along with a country-
made pistol and two live cartridges.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case at the behest of the police only on account of his long list
Patna High Court CR. MISC. No.91323 of 2025(3) dt.11-02-2026
2/3
of criminal antecedents. It has further been submitted that that
no incriminating article has been recovered from the conscious
possession of the petitioner and the case under the Arms Act is
not made out against the petitioner. It has lastly been submitted
that though the petitioner has twelve criminal antecedents, in the
present case he is in custody since 04.10.2024.
5. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that the petitioner has a long list of
criminal antecedents and he should not be released on bail.
6. Considering the aforesaid submissions made by the
parties, 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 the learned
court below where the case is pending/successor court in
connection with Rosera P.S. Case No.303 of 2021, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
Patna High Court CR. MISC. No.91323 of 2025(3) dt.11-02-2026
3/3
(v) The learned 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
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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Samastipur within fifteen
days of his release with a copy of this order and every
two weeks thereafter for the next nine months. The
conduct of the petitioner will be kept under watch in
this period by the Superintendent of Police concerned
and if it is found wanting in any respect, a report shall
be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the Superintendent of
Police, a certificate will be filed by the petitioner
before the court concerned.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
Checking your session…