Patna High Court
Saroj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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