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Patna High Court

Shambhu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner on the condition of a bail bond and two sureties.

Summary

Shambhu Yadav was arrested in connection with a case under sections 25(1‑B)(a) and 26 of the Arms Act after live cartridges and a loaded pistol were allegedly recovered from his possession. He has been in custody since 10‑Oct‑2025 and a chargesheet was filed. The petitioner applied for regular bail, claiming false implication and asserting that no incriminating article was actually found on him. The State opposed the bail. Considering the seriousness of the offence, the length of pre‑trial detention (over five months), and the filing of the chargesheet, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail can be granted to an accused under sections 25(1‑B)(a) and 26 of the Arms Act after more than five months of pre‑trial detention and filing of a chargesheet.
  • Whether the alleged recovery of live cartridges and a loaded pistol justifies denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • pre‑trial detention
  • possession of firearms
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18247 of 2026
                       Arising Out of PS. Case No.-316 Year-2025 Thana- BARAHAT District- Banka
                 ======================================================
                 Shambhu Yadav S/o- Manbodh Yadav Resident of Mirzapur P.S- Barahat
                 Dist- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                                                  Mr. Amardeep, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-03-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Barahat P.S. Case

                   no.316 of 2025 registered under sections 25(1-B)(a) and 26 of

                   the Arms Act.

                                 3. As per the prosecution case, three live cartridges

                   and a loaded country made pistol were recovered from the

                   possession of the petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedents. No incriminating article has been recovered from

                   his possession. He is in custody since 10.10.2025 and

                   chargesheet has been submitted in the case.
             Patna High Court CR. MISC. No.18247 of 2026(2) dt.25-03-2026
                                                         2/2




                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioner in

                       the FIR, the petitioner having remained in custody for more than

                       5 months since 10.10.2025 and chargesheet having been

                       submitted in the case, the petitioner is directed to be enlarged on

                       bail in connection with Barahat P.S. Case no.316 of 2025 on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned Judicial Magistrate, 1st Class, Banka.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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