Patna High Court
Robin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner with a bond and sureties, subject to cancellation on repeat offence.
Summary
The petitioner, Robin Yadav, was arrested in connection with a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act after a country‑made pistol and three live cartridges were recovered from his possession. He applied for bail, contending that the prosecution had not complied with the provisions of Section 103 of the Bihar Non‑Search and Seizure (BNSS) Act regarding proper search and seizure. The State opposed the bail application. The court examined the facts, noting that the petitioner had been in custody since 8 September 2025, was already an accused in twelve cases but on bail in most, and there was no allegation of tampering with evidence. Considering the circumstances, the court granted bail on a bond of Rs 10,000 with two sureties of the same amount, subject to cancellation if the petitioner is later involved in similar offences.
Issues considered
- Whether bail should be granted to the accused in a case under the Arms Act (Sections 25(1‑B)a, 26, 35).
- Whether the alleged non‑compliance with Section 103 of the BNSS Act regarding search and seizure warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
Subjects
- bail
- Arms Act
- search and seizure
- criminal procedure
- Section 103 BNSS
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14759 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Robin Yadav S/O Shyam Nand Kumar @Shyamanand Yadav R/O Village-
Belsara, P.S- Raniganj, Dist.- Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dheeraj Kumar, Advocate
For the Opposite Party : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bhargama P.S. Case No. 312 of 2025 dated 09.09.2025,
registered for the offence under Section 25(1-B)a, 26 and 35 of
the Arms Act.
3. As per the prosecution case, allegedly, from the
possession of the petitioner a country made pistol was recovered
and upon unloading the same, three live cartridges were also
recovered.
4. Learned counsel appearing for the petitioner
submits that the provisions under Section 103 BNSS regarding
search and seizure has not been followed. Petitioner is in
custody since 08.09.2025. Although he has been made accused
in 12 cases, but he on bail in almost all the cases and the charge-
Patna High Court CR. MISC. No.14759 of 2026(2) dt.12-03-2026
2/2
sheet has been submitted in this case and there is no allegation
of tampering.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, let the, above named, petitioner 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 learned Chief Judicial Magistrate, Araria, in
connection with Bhargama P.S. Case No. 312 of 2025.
7. It is made clear that if the petitioner is involved
subsequently in similar nature of cases, the prosecution would
be at liberty to file an application for cancellation of bail.
(Praveen Kumar, J)
Pawan/-
U T
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