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Patna High Court

Ramayan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners, ordering their release upon furnishing the prescribed bail bond and sureties.

Summary

Ramayan Yadav and his son Anil Yadav were arrested in connection with an offence under Sections 25(1‑B)A, 26 and 35 of the Arms Act after a pistol and live cartridge were recovered from Anil's house, while nothing was seized from Ramayan. The petitioners, in judicial custody since 20‑10‑2025, sought regular bail, contending that the seizure witnesses were police personnel and that the police had not complied with Section 105 of the BNSS. The State opposed bail, citing the petitioners' criminal antecedents in two other cases. The High Court, after considering the facts, decided to grant regular bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Additional Chief Judicial Magistrate, Danapur. The order resulted in the release of both petitioners on bail.

Issues considered

  • Whether regular bail can be granted to the accused under the Arms Act in view of the seizure of weapons and the alleged procedural lapses under Section 105 of the BNSS.
  • Whether the petitioners' prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • Section 105
  • judicial custody
  • criminal antecedent
  • seizure of weapon
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13634 of 2026
                     Arising Out of PS. Case No.-398 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
           1.     Ramayan Yadav Son of Late Bainga Yadav @ Genga Yadav Resident of
                  village - Sardha Chhpara, P.S.- Rani Talab, District - Patna
           2.    Anil Yadav @ Anil Kumar Son of Ramayan Yadav Resident of village -
                 Sardha Chhpara, P.S.- Rani Talab, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bajarangi Lal, Advocate
                 For the Opposite Party/s :       Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Sections 25(1-

                   B)A, 26 and 35 of the Arms Act.

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

                   the house of petitioner no.2, namely, Anil Yadav @ Anil Kumar,

                   one country made pistol and live cartridge were recovered and

                   as far as petitioner no.1, namely, Ramayan Yadav is concerned,

                   nothing was recovered from the possession of this petitioner.

                                4. Learned counsel for the petitioners submits that

                   nothing has been recovered from the possession of these
            Patna High Court CR. MISC. No.13634 of 2026(2) dt.12-03-2026
                                                        2/2




                      petitioners. Learned counsel for the petitioners has further

                      submitted that the witnesses of the seizure list are police

                      personnel and police has not complied Section 105 of the

                      BNSS. Learned counsel for the petitioners has submitted that

                      petitioners are in judicial custody since 20.10.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail and has submitted that the petitioners

                      are having criminal antecedent of two cases.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioners on

                      bail. The above named petitioners are directed to be released on

                      bail in connection with Ranitalab P.S. Case No. 398 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each of them

                      with two sureties of the like amount each to the satisfaction of

                      learned Additional Chief Judicial Magistrate, Danapur (Patna).



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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