Patna High Court
Subhash Kumar @ Nirdosh Yadav @ Subhash YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted because of the seriousness of the offences and the recovery of illegal arms from the vehicle.
Summary
The petitioner, Subhash Kumar, was arrested in connection with a case registered under Sections 111(3) and 111(4) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a country‑made pistol and a live cartridge were recovered from a car. He claimed he was falsely implicated and that no incriminating articles were found in his possession, though he has eleven prior criminal cases for which he is already on bail. The petitioner applied for regular bail, undertaking to cooperate with the trial, while the State, represented by an Additional Public Prosecutor, opposed the bail. The Court examined the seriousness of the offences and the recovery of illegal weapons from the vehicle, concluding that bail could not be justified. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the recovery of a firearm and cartridge and the nature of the offences under the Bihar Narcotic Substances Act and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 111(3), 111(4)
Subjects
- bail
- narcotic offences
- arms offences
- criminal antecedents
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26011 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- SUPAUL District- Supaul
======================================================
Subhash Kumar @ Nirdosh Yadav @ Subhash Yadav S/o- Hareram Prasad
Yadav @ Hareram Yadav Resident of village - Kharail Prnvas, Brahmsthan,
Ward No. 16, Police Station - Supaul, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Supaul
P.S. Case No. 74/2025 registered for the offences punishable
under Sections 111(3), 111(4) of B.N.S. and Sections 25(1-B)
(a), 26 and 35 of Arms Act.
3. As per the prosecution case, one country-made
pistol and one live cartridge was recovered from a car.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has eleven criminal
antecedents in which he is on bail and he is in custody since
Patna High Court CR. MISC. No.26011 of 2026(2) dt.20-04-2026
2/2
02.02.2026. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the aforesaid facts as well as the
recovery of illegal articles from the vehicle, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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