Patna High Court
Shailendra Yadav @ KaruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Shailendra Yadav, was arrested in connection with a case under sections 25(1‑B)(a) and 26 of the Arms Act after a country‑made pistol and a live cartridge were allegedly recovered from his house. He applied for regular bail, claiming that no incriminating article was actually found in his possession and that he was falsely implicated due to his antecedents. The prosecution opposed the bail, but the court noted that the petitioner had been in custody for five months and that a chargesheet had already been filed. Considering the circumstances, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑II, Patna City. The bail was thus granted.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 25(1‑B)(a) and 26 of the Arms Act after five months of custody and a filed chargesheet.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26
Subjects
- regular bail
- Arms Act
- section 25(1‑B)(a)
- section 26
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11183 of 2026
Arising Out of PS. Case No.-623 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Shailendra Yadav @ Karu S/o Yadu Yadav R/o Village- Bibipur, P.S-
Gaurichak, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar Deo, Advocate
Mr. Birender Singh, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaurichak P.S. Case no.
623 of 2025 registered under section 25(1-B)a and 26 of the
Arms Act.
3. As per the prosecution case, a country made pistol
and a live cartridge was recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from his house or his
possession. He has been falsely implicated in the case because of his
antecedents. He is in custody since 7.9.2025 and chargesheet has
been submitted in the case.
Patna High Court CR. MISC. No.11183 of 2026(2) dt.25-02-2026
2/2
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner having remained in custody for five months since
7.9.2025 and chargesheet having been submitted in the case, the
Court directs the petitioner to be enlarged on bail in connection with
Gaurichak P.S. Case no. 623 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-II, Patna City, District Patna.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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