Patna High Court
Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 480(3) of the BNSS.
Summary
Awadhesh Yadav was arrested in connection with a case registered on 29‑01‑2025 under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act for possession of arms with a forged licence. His earlier bail application was rejected, but he remained in custody for almost a year and the charge sheet had not yet been framed. The petitioner’s counsel argued that the court had earlier permitted a fresh bail application after ten months of custody if the trial was not concluded. The State opposed the bail. The court, considering the long period of detention and the absence of framed charges, ordered that bail be granted upon furnishing a bond of Rs 30,000 and compliance with conditions under Section 480(3) of the BNSS, subject to charge framing if not already done.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge sheet not being framed and prolonged pre‑trial detention.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 318(4), 336(3), 338, 340(2), 480(3)
Subjects
- regular bail
- pre‑trial detention
- charge framing
- Arms Act
- possession of arms with fake licence
- Bharatiya Nyaya Sanhita
- Section 480(3)
- bond
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1770 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Awadhesh Yadav S/O Harihar Yadab R/O Village - Bansibigha, P.s.- Belaganj,
District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Chakand P.S. Case No. 39 of 2025, lodged on 29.01.2025, under
Sections 318(4), 338, 336(3) & 340(2) of the Bharatiya Nyaya
Sanhita, 2023 and under Sections 25(1-B) (a) & 26 of the Arms
Act.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner was earlier rejected vide order
dated 02.06.2025 passed in Cr. Misc. No. 34171 of 2025.
Counsel further submits that the present case primarily relates to
an offence under the Arms Act, as the petitioner was found in
possession of arms with a fake licence. Counsel further submits
that the petitioner has been in custody since 30.01.2025 and
Patna High Court CR. MISC. No.1770 of 2026(2) dt.16-01-2026
2/2
nearly one year of custody is about to lapse.
4. Learned counsel further submits that, at the time of
rejection of the earlier bail application, liberty was granted to
the petitioner to renew his prayer for bail after completion of ten
months of custody in the event the trial did not conclude within
the said period. Learned counsel also submits that, according to
his information, charges have not been framed till date.
5. Learned APP for the State opposes the prayer for
bail.
6. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, after framing of charge, if not
framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty
thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023
to the satisfaction of Additional Chief Judicial Magistrate Vth,
Gaya, in connection with Chakand P.S. Case No. 39 of 2025,
subject to the following conditions as laid down under Section
480(3) of the BNSS.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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