Patna High Court
Rupesh Yadav @ Bihar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132
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
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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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