Patna High Court

Anuplal YadavversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: RAMESH CHAND MALVIYA

Holding

Bail was granted to the petitioner.

Summary

Anuplal Yadav was arrested after a police raid recovered a loaded country-made pistol with a live cartridge from his conscious possession, leading to charges under Sections 25(1‑b)(a) and 26 of the Arms Act. He had been in custody since 26‑10‑2024 and his earlier bail application was rejected by the Patna High Court in May 2025. The State opposed his second bail plea, emphasizing the recovery of arms and the seriousness of the offence. The Court noted that the trial had not progressed satisfactorily and that the petitioner had been detained for over a year. Consequently, the Court allowed bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties each of the same amount.

Issues considered

Whether bail should be granted to a person accused of possession of a prohibited firearm under the Arms Act despite the seriousness of the offence and prolonged pre‑trial detention.

Legislation cited

Arms Act — s. 25(1‑b)(a), 26

Subjects

bail
Arms Act
illegal possession of firearm
pre‑trial detention
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1102 of 2026
                        Arising Out of PS. Case No.-444 Year-2024 Thana- BANKA District- Banka
                 ======================================================
                 Anuplal Yadav, aged about 26 years, Male, Son of Birendra Yadav, Resident
                 of Village- Bishhara, P.S- Banka, District- Banka.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner is in custody in a case registered for

                   offences punishable under Section 25(1-b)a/26 of the Arms Act

                   in connection with Banka P.S. Case No. 444 of 2024

                   corresponding to G.R. No. 3494 of 2024.

                                3. As per allegation in the FIR, on 25.10.2024, the

                   informant is an A.S.I of Banka Police Station, conducted a raid

                   in the house of the petitioner, who is accused in connection with

                   G.R. No.132 of 2018 and during course of raid, the petitioner

                   tried to flee away but the police chased and caught him and

                   upon search, recovered a loaded country made pistol with one

                   live cartridge from the conscious possession of this petitioner

                   and, thereafter, police made the seizure list.

                                4. This is the second attempt for bail. Earlier the
Patna High Court CR. MISC. No.1102 of 2026(3) dt.30-01-2026
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          prayer for bail of this petitioner was rejected by this Court

          passed in Cr. Misc. No. 28552 of 2025 vide order dated

          07.05.2025.

                        5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that there is recovery of arms

          from the conscious possession of this petitioner.

                       6. From perusal of the FIR and impugned order of the

          learned Additional Sessions Judge-II, Banka dated 28.11.2025,

          it appears that petitioner is named in the FIR. From perusal of

          the records, it appears that on the basis of written report of the

          informant, FIR has been registered under Section 25(1-b)a/26

          of the Arms Act against the present petitioner and the allegation

          against him is of recovery of one country made pistol with one

          live cartridge from his conscious possession. This is the second

          attempt for bail and earlier the prayer for bail of this petitioner

          was rejected by this Court passed in Cr. Misc. No. 28552 of

          2025 vide order dated 07.05.2025 and petitioner is in custody

          since 26.10.2024, i.e., for more than one year. From perusal of

          the impugned order, It also appears that there is no any

          satisfactory progress in the trial against this present petitioner.

                       7. Accordingly the prayer for bail of the petitioner is

          allowed. Let the petitioner above named be released on bail on
            Patna High Court CR. MISC. No.1102 of 2026(3) dt.30-01-2026
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                      furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      A.C.J.M.-III, Banka in connection with Banka P.S. Case No.

                      444 of 2024, corresponding to G.R. No. 3494 of 2024.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T

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