Patna High Court
Munna Yadav @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner had made out a prima facie case for anticipatory bail and ordered his release on bail upon surrender.
Summary
Munna Yadav applied for anticipatory bail after being implicated in a case under Sections 25(1‑B)a and 35 of the Arms Act, alleging that a country‑made pistol was pointed at an informant but was seized by a third party. He claimed the allegation stemmed from a family dispute and that no weapon was found in his possession, emphasizing his clean antecedents. The State opposed the bail. The High Court, after considering the lack of weapon recovery, the petitioner’s clean record, and the circumstances of the allegation, held that a prima facie case for bail existed. It directed the District Court to release the petitioner on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482 of the CrPC. The order also required verification of any other pending cases against the petitioner.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the Arms Act charges
- Whether the absence of a weapon in the petitioner’s possession and his clean antecedents justify bail
- Whether Section 482 of the Criminal Procedure Code can be invoked to grant anticipatory bail
Legislation cited
- Arms Act — s. 25(1-B)a, 35
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- pre‑arrest bail
- Arms Act
- Section 482 CrPC
- false implication
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10060 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Munna Yadav @ Prince Kumar Son of Ashok Yadav Resident of Village-
Adarsh Nagar Fulkiya, P.S.- Ghogha, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Swapnil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Swapnil Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Abhay Kumar,
learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Ghogha P.S. Case No. 145 of 2025 registered under
Sections 25(1-B)a, 35 of the Arms Act.
3. As per the allegation made in the FIR, the petitioner
Munna Yadav and his brother-in-law allegedly pointed a
country-made pistol at the informant with intent to kill, which
was snatched by one Munni Devi before the accused fled.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has
falsely been implicated in the present case due to a petty dispute
between neighbouring families during collection of donation on
Patna High Court CR. MISC. No.10060 of 2026(2) dt.12-03-2026
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the eve of Kali Puja, which led to a minor altercation between
the petitioner and one Raja Kumar that was subsequently
pacified by the villagers. He further submitted that due to
previous enmity and litigations involving the family of one
Munni Devi, the petitioner has been falsely implicated. Learned
counsel submitted that no weapon was recovered from the
conscious possession of the petitioner and the alleged country-
made pistol was produced by the said Munni Devi herself, while
no accused was arrested from the spot. The petitioner has clean
antecedents. On these grounds, the petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, considering the submission that no
weapon was recovered from the conscious possession of the
petitioner, the alleged country-made pistol was produced by
Munni Devi herself, no accused was arrested from the spot, and
the petitioner has clean antecedents, I am of the opinion that the
petitioner has, prima facie, made out a case to be released on
anticipatory bail.
7. The learned District Court is directed to release the
Patna High Court CR. MISC. No.10060 of 2026(2) dt.12-03-2026
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petitioner on anticipatory bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Ghogha P.S. Case No. 145 of 2025, subject
to the condition as laid down under Section 482 of the
BNSS//438(2) of the Cr.P.C.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U
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