Patna High Court
DINESH YADAV @ DINESH KUMAR YADAV @ CHHOTI YADAV @ DINESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that anticipatory bail could not be granted in view of the material recovered from the petitioner’s house and his criminal antecedents.
Summary
Dinesh Yadav applied for anticipatory bail fearing arrest in a case (PS 187 of 2025) alleging offences under Sections 310(4), 310(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 25(1‑aa), 26 and 35 of the Arms Act. Police raided his house based on a tip that miscreants were gathering there; while no firearms were found on his person or directly in his possession, articles used for manufacturing illegal firearms were recovered from the premises and two other individuals were apprehended with such material. The petitioner contended his innocence and argued that the seized items were recovered from a lane before his house, not from his direct possession. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. After hearing both sides, the Court declined to grant anticipatory bail, directing the petitioner to surrender before the trial court and seek regular bail there.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the recovery of articles used for illegal firearm manufacturing from his house and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-aa), 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 310(4), 310(5)
Subjects
- anticipatory bail
- Arms Act
- illegal firearms
- criminal antecedents
- bail rejection
- police raid
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23262 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Dinesh Yadav @ Dinesh Kumar Yadav @ Chhoti Yadav @ Dinesh Kumar
S/O Late Surendra Yadav R/O Vill - Dalsagar, P.S.- Buxar Industrial, Distt.-
Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Buxar Industrial P.S. Case No. 187 of 2025
instituted for the offence punishable under Sections 310(4),
310(5) of the B.N.S., 2023 and Sections 25(1-b)a, 25(1-aa), 26
and 35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had information that certain miscreants have gathered at the
house of the petitioner for committing some offence. On this
input, police raided the house of the petitioner upon which
certain persons started fleeing away. Four persons were
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apprehended and from their possession, weapons were
recovered.
4. It is submitted by learned counsel for the petitioner
that petitioner is innocent and has committed no offence. He
also submits that from perusal of the seizure list, it will transpire
that the recovery has been made from a lane before the house of
the petitioner. Nothing has been recovered from the possession
of the petitioner nor from his house and two persons namely,
Sunil Poddar and Rajesh Kumar was apprehended from the
house of the petitioner and from their possession, several
articles used in manufacturing of illegal arms were recovered.
6. Though no firearms was recovered from the house
of the petitioner, certain articles which are used in
manufacturing of firearms were recovered from the house of the
petitioner.
7. Learned APP has opposed the prayer for bail of the
petitioner and submitted that petitioner is having two criminal
antecedents.
8. Having heard learned counsel for the parties and
considering that various articles which are used manufacturing
of illegal firearms were recovered from from the house of the
petitioner, this Court is not inclined to grant anticipatory bail to
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the petitioner and, as such, his application for bail is rejected.
8. However, the petitioner is directed to surrender
before the trial Court and pray for regular bail, the same shall be
considered by the trial Court without being prejudiced by this
order of rejection.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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