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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application is rejected; the petitioner is not entitled to anticipatory bail.

Summary

The petitioner, Rajesh Yadav, sought anticipatory bail fearing arrest in a case under Sections 25(1‑B)A, 26 and 35 of the Arms Act, based on a viral video allegedly showing him waving a revolver. The prosecution, relying on the FIR and the video, alleged that a pistol and cartridges were recovered from his residence and that the petitioner was the person in the video. The petitioner contended he lives elsewhere and has no involvement. The State’s counsel highlighted the video evidence and the father's attribution of responsibility to the petitioner. The court, after considering the submissions, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and apply for regular bail thereafter.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC Section 438 in view of the allegations under the Arms Act.
  • Whether the video evidence and recovery of a firearm justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • illegal possession of firearm
  • video evidence
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20879 of 2026
                    Arising Out of PS. Case No.-197 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Rajesh Yadav Son of Daya Kant Yadav @ Tantu Yadav Resident of Village-
                 Birpur, P.S.- Madhepur, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Baleshwar Kamat, Advocate
                 For the State           :       Mr. Dr. Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                    Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Madhepur P.S. Case No. 197 of 2025 registered

                   for the offence punishable under Sections 25(1-B)A, 26 and 35

                   of the Arms Act, lodged on 29.10.2025 by the informant

                   Jogendra Singh.

                                 3. As per the prosecution story, the informant alleged

                   that a video was made viral in which one person was waving

                   revolver, it was informed that he is son of Dayakant Yadav. The

                   Police reached the place, the father of the petitioner was

                   interrogated, home checked and there is/was recovery of

                   country made pistol alongwith cartridges. Upon query, Dayakant

                   Yadav informed that this can very well be explained by this

                   petitioner which is not at the home. Accordingly, the F.I.R..
            Patna High Court CR. MISC. No.20879 of 2026(2) dt.08-04-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that he

                      lives away and has no role to play in the matter.

                                   5. Learned APP on the other hand has taken this Court

                      to the F.I.R. once again to show that the father has shifted the

                      responsibility upon him. Further, the video that was in the public

                      domain also shows the petitioner flashing the revolver.

                                   6. Considering the aforesaid submissions, this Court

                      is not inclined to extend him the privilege of anticipatory bail,

                      the anticipatory bail application stands rejected.

                                   7. However, if the petitioner surrenders within a

                      period of four weeks, files bail application, the court concerned

                      shall consider the matter and dispose it of preferably on the

                      same day.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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