Patna High Court
Satyam Yadav @ Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to conditions and sureties.
Summary
The petitioner, Satyam Yadav, was charged under Sections 132 and 109(1) of the Bharatiya Nyaya Sanhita, 2023, together with Sections 25(1‑B)(a), 26, 35 and 27 of the Arms Act, for alleged possession of a loaded pistol, rifle and cartridges recovered from the residence of co‑accused. The petitioner contended that he was falsely implicated, that no incriminating material was found on his person, and that the recovery was made from the co‑accused’s house, not his. He also highlighted that he was not arrested on the spot, had four prior criminal antecedents, and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. After considering the custody period, lack of direct evidence against the petitioner, and the conditions of bail, the Court inclined to grant bail subject to monetary sureties and standard conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the arms offences.
- Whether the lack of direct incriminating material on the petitioner warrants bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132
Subjects
- bail
- arms possession
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 103
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11935 of 2026
Arising Out of PS. Case No.-331 Year-2024 Thana- CHAUSA District- Madhepura
======================================================
Satyam Yadav @ Satyam Kumar S/O Late Jay Prakesh Yadav @ Late Prakash
Yadav R/o Village- Rasalpur Dhuria, P.S.- Chausa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chausa
P.S. Case No. 331 of 2024, instituted for the offences punishable
under Sections 132, 109(1) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 25(1-B)(a), 26, 35 and 27 of the Arms
Act.
3. The prosecution case, in short, is that there is
recovery of one loaded country made pistol and one country
made rifle and four live cartridges from the room of co-accused
Rahul Kumar and Rupesh Yadav.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.11935 of 2026(2) dt.23-02-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner was not arrested
on spot. The alleged recovery has been made from the joint
house of the other co-accused. It is further submitted that the
petitioner has got no concern with the alleged recovery of arms.
The name of the petitioner has been disclosed by co-accused
Rahul Kumar. Learned counsel for the petitioner further submits
that other co-accused has been granted bail by this Bench vide
order dated 02.02.2026 passed in Cr. Misc. No. 1893 of 2026.
The petitioner is in custody since 26.12.2024 and has got four
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.11935 of 2026(2) dt.23-02-2026
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Court in connection with Chausa P.S. Case No. 331 of 2024,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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