Patna High Court
Rajniti YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court rejected the petitioner’s anticipatory bail application.
Summary
Petitioner Rajniti Yadav applied for anticipatory bail after an FIR was lodged under Sections 25(1‑b)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging seizure of liquor, a pistol and cartridges. The prosecution’s informant, based on a secret tip, claimed the items were recovered from a cow shed and that the petitioner’s brother, Somari Yadav, named him as an accomplice. The petitioner contended that the seizure was from his brother, that he was not present at the scene, and that the brother’s allegation alone should not suffice for bail denial. The State highlighted the petitioner’s criminal antecedents and the brother’s testimony. Considering the allegations, the brother’s identification, and the petitioner’s past record, the Court refused to grant anticipatory bail, directing that if he surrenders within four weeks and files a regular bail application, the matter will be considered promptly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite being named by his brother in the FIR.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Arms Act
- Bihar Prohibition and Excise Act
- criminal antecedent
- seizure
- brother's testimony
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21607 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- BALIYA District- Begusarai
======================================================
Rajniti Yadav S/o Late Parmanand Yadav Resident of Village- Tulsi Tol, P.S.-
Ballia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Raj Kishor Prasad, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Ballia P.S. Case No. 33 of 2026 registered for
the offence punishable under Sections 25(1-b)(a), 26 and 35 of
the Arms Act and section 30(a) of the Bihar Prohibition and
Excise Act, lodged on 15.01.2026 by the informant Md.
Sarfuddin.
3. As per the prosecution story, the informant alleged
that on secret information, the cow shed was raided and there is
recovery/seizure of 11 liter of country made liquor beside a
country made pistol and some cartridges from Somari Yadav, he
named this petitioner, the brother to be accomplice. This led to
the F.I.R..
Patna High Court CR. MISC. No.21607 of 2026(2) dt.16-04-2026
2/2
4. Learned counsel for the petitioner submits that
admittedly, the recovery/seizure is from Somari Yadav and not
from this petitioner, he was not even present on the spot but the
brother has named him.
5. Learned APP opposes the prayer submitting that
the petition shows that he has criminal antecedent whereas the
supplementary affidavit later filed record that the petitioner is
accused in five criminal antecedent, his own brother has named
him.
6. Taking into account the submissions of the parties,
as also his past record, beside his own brother has named him,
in that background, this Court refrains from extending any relief
to the petitioner.
7. The anticipatory bail application stands rejected.
8. 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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