Patna High Court
Bharat YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Bharat Yadav, sought anticipatory bail after learning that he might be arrested in connection with a 2023 arms case involving illegal manufacturing of country-made firearms. The prosecution’s case was based primarily on a confessional statement by co-accused Vijay Bind, with no incriminating material recovered from Yadav’s premises. Yadav argued that the reliance on a co-accused’s confession, without any seized evidence, rendered the allegation tenuous, despite his prior criminal antecedents and existing bail in other matters. The State opposed the bail, contending the seriousness of the offences under the Arms Act. The High Court, noting the lack of direct evidence against Yadav, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the only basis of accusation is a co-accused’s confessional statement and no material evidence is found in the petitioner’s possession.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- constructive possession
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12489 of 2026
Arising Out of PS. Case No.-39 Year-2023 Thana- DHANARUA District- Patna
======================================================
Bharat Yadav S/o Late Ramsinghashan Yadav R/o Nanouri, P.S.- Dhanarua,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhankar Raj, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dhanarua P.S. Case No.39 of 2023, F.I.R dated
20.01.2023 registered for the offences punishable under
Sections 25(1-b)A, 35 and 26 of the Arms Act.
3. According to prosecution case, on 20.01.2023 was
lodged by the SHO, Dhanarua P.S., based on secret information
about illegal manufacturing of country-made firearms at village
Nanauri. A joint police raid was conducted, during which three
persons—Vijay Bind, Dhananjay Kumar, and Bakhori Bind,
were apprehended while two others escaped. A large quantity of
tools, semi-finished firearm parts, and live .315 bore cartridges
were recovered from their possession. The accused failed to
Patna High Court CR. MISC. No.12489 of 2026(2) dt.26-02-2026
2/4
produce any valid documents and disclosed that they, along with
the absconding co-accused, were operating an illegal mini gun
factory for manufacturing and selling country-made arms and
ammunition.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has next been submitted that the name of the
petitioner has transpired on the basis of confessional statement
of co-accused, namely, Vijay Bind, while nothing incriminating
is said to have been recovered from this constructive possession
when his house was put to search during his absence. It has
further been submitted that the co-accused, Vijay Bind, has
already been allowed the privilege of regular bail by the learned
Trial Court. Lastly, it has been submitted that the petitioner has
two criminal antecedent and is on bail in the said cases.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
the name of the petitioner has transpired on the basis of
confessional statement of co-accused, namely, Vijay Bind, while
nothing incriminating is said to have been recovered from this
constructive possession when his house was put to search during
Patna High Court CR. MISC. No.12489 of 2026(2) dt.26-02-2026
3/4
his absence. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Masaurhi, in connection
with Dhanarua P.S. Case No.39 of 2023, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.12489 of 2026(2) dt.26-02-2026
4/4
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
Checking your session…