Patna High Court

Kundan YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: S B P SINGH

Holding

The Court granted regular bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

Kundan Yadav was arrested on 2 July 2025 after police intercepted a motorcycle and recovered a pistol and a mobile phone from his possession. He was charged under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner pleaded innocence, claiming the prosecution’s version was fabricated, and highlighted that a co‑accused had already been granted bail. He had been in judicial custody since 3 July 2025 and sought regular bail. The State opposed the bail application. The Court, considering the nature of the offence and the period of custody, granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of personal appearance in trial and one bailor being a family member.

Issues considered

Whether regular bail should be granted to an accused charged under the Arms Act for offences involving possession of a firearm.
Whether the period of pre‑trial detention justifies the grant of bail despite the seriousness of the alleged offences.

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 35

Subjects

bail
Arms Act
regular bail
pre‑trial detention
surety
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77852 of 2025
                       Arising Out of PS. Case No.-64 Year-2025 Thana- RS P.S. District- Madhubani
                 ======================================================
                 Kundan Yadav S/o Mahendra Yadav R/o Village- Gangapur, Ward No.9, P.S-
                 Lakhnaur, Dist- Madhubani

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hriday Narayan Harshit
                 For the Opposite Party/s :        Mr.Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with R.S. Jhanjharpur

                   P.S. Case No. 64 of 2025 registered for the offences

                   punishable under Sections 25(1-b)(a), 26 and 35 of the

                   Arms Act.

                                3. The prosecution case is that on 02.07.2025,

                   based on secret information the police intercepted a

                   motorcycle on Berma–Tamuria Road. Upon being signaled

                   to stop, the accused persons attempted to flee, lost balance,

                   overturned, and all three riders were apprehended. During

                   search, from the possession of present petitioner one Oppo
Patna High Court CR. MISC. No.77852 of 2025(4) dt.21-01-2026
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          mobile phone and a country made pistol has been

          recovered.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in

          this case. It is submitted that no such occurrence, as alleged,

          has taken place and the entire prosecution version is false,

          fabricated, and wholly concocted. Other co-accused namely

          Saddam Khan has been granted bail by a Co-ordinate Bench

          of this Court vide order dated 24.12.2025 in Cr. Misc. No.

          74776 of 2025. Petitioner is languishing in judicial custody

          since 03.07.2025.

                       5. Learned A.P.P. appearing on behalf of the State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Keeping in view the aforesaid facts and

          considering the period under custody, let the petitioner,

          above named, be released on bail after framing of charge

          on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction

          of learned Additional Chief Judicial Magistrate, 1 st,

          Jhanjharpur,         Madhubani          in     connection   with   R.S.

          Jhanjharpur P.S. Case No. 64 of 2025                    subject to the
           Patna High Court CR. MISC. No.77852 of 2025(4) dt.21-01-2026
                                                       3/3




                     following conditions :-

                                  (i). Petitioner will remain physically present in

                     trial on each and every date till the disposal of the case

                     failing which, on two consecutive dates without reasonable

                     cause, the bail bond of the petitioner may be cancelled by

                     the Trial Court.

                                  (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U      T

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