Patna High Court
Madan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Madan Prasad Yadav, filed an application for anticipatory bail fearing arrest in a case registered under sections 338, 336(3), 318(4) of the B.N.S. and section 25(10b)(a) of the Arms Act. The FIR was lodged on the direction of senior police officials based on a CBI report that alleged the petitioner obtained a fake arms licence through forged documents issued by the District Magistrate of Mokokchung, Nagaland. The petitioner contended that he is innocent, has a clean record and has been falsely implicated merely on suspicion. The State opposed the bail, emphasizing the specific and serious nature of the accusations involving illegal possession and use of arms. After considering the gravity of the offences and the directness of the allegations, the Court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under sections 338, 336(3), 318(4) of the B.N.S. and section 25(10b)(a) of the Arms Act
Legislation cited
Subjects
- anticipatory bail
- forged documents
- arms licence
- false implication
- criminal procedure
- B.N.S.
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1556 of 2026
Arising Out of PS. Case No.-143 Year-2025 Thana- RASULPUR District- Saran
======================================================
Madan Prasad Yadav S/O Jagarnath Prasad Yadav Resident of Village-
Ratanpura, P.S- Rasulpur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Yashraj Bardhan, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard Mr. Yashraj Bardhan, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 338, 336(3)
and 318(4) of the B.N.S. and Section 25(10b)a of the Arms Act.
3. The present F.I.R. was lodged on the direction of
the A.D.G. (Law and Order), Bihar as well as D.I.G., Saran
based on a C.B.I. inquiry report revealing that this petitioner is
using arms on the basis of an arms license which was issued
through forged documents by the District Magistrate,
Mokokchung, Nagaland.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.1556 of 2026(3) dt.06-04-2026
2/2
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely on suspicion. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that on the basis of forged
documents, he got fake arms license and was using arms.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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