Patna High Court
Bhagendra @ Kariya @ Satish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Bhagendra @ Kariya @ Satish Yadav, applied for regular bail in a case registered under Sections 25(1‑A), 26 and 35 of the Arms Act. The prosecution alleged that three persons on a motorcycle fled from police, were apprehended, and that weapons and ammunition were recovered, with co‑accused naming the petitioner. The petitioner claimed innocence, stating he was not seized at the scene, no incriminating articles were found on him, and that his name was only mentioned by co‑accused; he also has a prior criminal record and has been in custody since September 2025. The State opposed bail. After considering the submissions and facts, the court ordered bail on a bond of Rs.10,000 with two sureties of equal amount, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under the Arms Act despite the prosecution’s evidence and his prior criminal antecedent
Legislation cited
- Arms Act — s. 25(1-A), 26, 35
Subjects
- regular bail
- Arms Act
- bail bond
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18857 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Bhagendra @ Kariya @ Satish Yadav S/o- Ramadhar Yadav @ Ramdhar
Singh Residen of Village- Raghunipur Police Station- Udwantnagar District-
Bhojpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Udwantnagar P.S. Case
No. 420 of 2025 registered for the offences punishable under
Section 25(1-A), 26, 35 of the Amrs Act.
3. As per the prosecution case, three persons on
motorcycle were coming from village Raghunipur and after
seeing the police personnel, they tried to flee but somehow they
were apprehended and disclosed their names as Ravi Kumar and
Ankit Kumar. Upon search, total three country made pistol, 9
live cartridges, two empty cartridges and three mobile phoneS
were recovered.
Patna High Court CR. MISC. No.18857 of 2026(2) dt.25-03-2026
2/2
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the petitioner was
not apprehended from the place of occurrence and no
incriminating articles were recovered from his conscious
possession. It is also submitted that the name of the petitioner
was disclosed by the apprehended co-accused persons. It is
lastly submitted that the petitioner has one criminal antecedent
and is in custody since 08.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bhojpur at Ara, in connection with
Udwantnagar P.S. Case No. 420 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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