Patna High Court

Prabesh Yadav @ Pravesh YadavversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner’s clean antecedents, lack of possession of any incriminating article, and reliance solely on the co‑accused’s confession, anticipatory bail under Section 438 CrPC should be granted subject to conditions.

Summary

Petitioner Prabesh Yadav sought anticipatory bail after being implicated in a case under IPC Section 414 and several provisions of the Arms Act, based on a co‑accused’s confession. A raid recovered weapons from the co‑accused’s house, but no incriminating article was found on the petitioner and he claimed a clean antecedent. The State opposed the bail. The court considered the lack of possession of any weapon by the petitioner, his clean record, and the fact that the only link was the co‑accused’s confession. It ordered that anticipatory bail be granted if the petitioner surrenders within eight weeks, on furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under IPC 414 and the Arms Act.
Whether the petitioner’s clean antecedent and absence of any incriminating article in his possession justify granting bail.
Whether the State’s opposition is sufficient to deny anticipatory bail.

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)A, 26(i), 26(ii), 26(iii), 35
B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 414

Subjects

anticipatory bail
IPC 414
Arms Act
clean antecedent
Section 438 CrPC
co‑accused confession
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1774 of 2026
                     Arising Out of PS. Case No.-507 Year-2023 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Prabesh Yadav @ Pravesh Yadav Son of Saryug Yadav Resident Of Shergarh,
                 Ward No 14, Ps -Gogri Jamalpur, Dist -Khagaria
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md.Shahid Anwar, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Section 414 of the Indian Penal

                   Code and Sections 25(1-A), 25(1-AA), 25(1-B)A, 26(i)(ii)(iii),

                   35 of the Arms Act.t

                                3. As per F.I.R., a raid was conducted and three

                   persons were apprehended and on search, two country-made

                   pistol, live cartridges and other materials used in manufacturing

                   the fire-arms have been recovered from the house of co-accused

                   Jai Prakash Sharma and the apprehended persons disclosed the

                   name of this petitioner, as one of their associate.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article/arms or ammunition has been recovered

                   from the conscious possession of this petitioner and only on
           Patna High Court CR. MISC. No.1774 of 2026(2) dt.29-01-2026
                                                       2/2




                     confession of apprehended co-accused, petitioner has been made

                     accused in this case. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     in the event of arrest/surrender before the Trial Court within a

                     period of eight weeks from today, let the above named petitioner

                     be enlarged 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 C.J.M., Khagaria in connection with

                     Parbatta P.S. Case No. 507 of 2023, subject to condition as laid

                     down under Section 438(2) of the Cr.P.C. / Section 482(2) of the

                     B.N.S.S.



                                                        (Prabhat Kumar Singh, J)
anay

U      T

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