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Patna High Court

Rupesh Yadav @ Bihar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to conditions, as the evidence against him is not direct and he has no prior record.

Summary

The petitioner, Rupesh Yadav, was arrested in connection with a case alleging possession of a loaded rifle and live cartridges recovered from his residence, charging him under Sections 132 and 109(1) of the Bharatiya Nyaya Sanhita, 2023, and several provisions of the Arms Act. The petitioner contended that the weapons were found in a joint family house, that no incriminating material was recovered from his personal possession, that he has no prior criminal record, and that procedural requirements under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed bail, arguing the seriousness of the arms offences. The Court considered the lack of direct evidence against the petitioner, the duration of his custody since August 2025, and the absence of prior convictions, and decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates. The order also directed that bail be granted after framing of charge if not already done.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged illegal possession of arms under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the procedural lapse under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • arms possession
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 103
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1893 of 2026
                     Arising Out of PS. Case No.-331 Year-2024 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Rupesh Yadav @ Bihar Yadav Son of Sadanand Yadav @ Sadanand Prasad
                 Yadav Resident of Village - Rasulpur Dhuriya, Ward No. - 11, P.S. - Chausa,
                 District - Madhepura.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Barun Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Chausa

                   P.S. Case No. 331 of 2024, instituted for the offences punishable

                   under Sections 132, 109(1) of the Bharatiya Nyaya Sanhita,

                   2023, read with Sections 25(1-B)(a), 26, 35 and 27 of the Arms

                   Act.

                                3. The prosecution case, in short, is that there is

                   recovery of one loaded country made rifle and four live

                   cartridges from the room of this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.1893 of 2026(2) dt.02-02-2026
                                            2/3




          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner was not arrested on spot. The

          alleged recovery has been made from the joint house of the

          petitioner where other family members also reside. It is further

          submitted that the petitioner has got no concern with the alleged

          recovery of arms. The petitioner is in custody since 17.08.2025

          and has got no criminal antecedent. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Chausa P.S. Case No. 331 of 2024,

          subject to the following conditions:
             Patna High Court CR. MISC. No.1893 of 2026(2) dt.02-02-2026
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                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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