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