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Patna High Court

Saroj YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Saroj Yadav, was arrested in a police raid on an alleged illegal mini‑gun factory at Balu Ghat, Rohiyar, where two country‑made rifles and related items were recovered. He applied for bail, claiming innocence, that nothing was seized from his person, and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, noting a prior criminal case in which the petitioner was acquitted. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The order directs compliance with the Judicial Magistrate, 1st Class, Khagaria.

Issues considered

  • Whether bail should be granted to the accused under Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act.
  • Whether the seizure of arms complied with Section 105 of the BNSS, affecting the bail application.
  • Whether the petitioner’s alleged criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal arms manufacturing
  • seizure procedure
  • Section 105
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12516 of 2026
                       Arising Out of PS. Case No.-240 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Saroj Yadav S/o Late Upendra Yadav R/o Village - Rohiyar, P.S.- Mansi,
                 District - Khagaria
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Prakash, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-02-2026                 Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner has prayed for bail in connection with

                   Mansi P.S. Case No. 240 of 2025 registered for the offence

                   punishable under Sections 25(1-B) (a), 26(2), 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that the police

                   had secret input that at ‘Balu Ghat’ of village Rohiyar, an illegal

                   mini-gun factory is being run and from there, accused persons can

                   be apprehended. On this input, police raided the place and three

                   persons were apprehended. The petitioner is one amongst them

                   and from that place, two country-made rifles with magazines and

                   other articles for manufacturing arms were recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also
           Patna High Court CR. MISC. No.12516 of 2026(2) dt.27-02-2026
                                                       2/2




                     submits that the recovery has been made from and open place.

                     Nothing has been recovered from the possession of this petitioner.

                     He further submits that the witnesses of the seizure list are police

                     personnel and the police has not complied with Section 105 of the

                     BNSS while making the seizure. Moreover, the petitioner is

                     languishing in judicial custody since 18.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of one case but in that case, he has been acquitted.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Khagaria in connection with Mansi P.S. Case

                     No. 240 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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