Patna High Court
Chhotu Yadav @ Bichchu Yadav @ Chotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Chhotu Yadav, was arrested on 29 September 2025 for alleged possession of a country‑made pistol under Sections 25(1‑b)(a) and 26 of the Arms Act. He contended that the weapon was planted by police and that the seizure list violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting that the petitioner has three other criminal matters, two of which are already on bail and one pending. The Court examined the bail petition, the alleged irregularities, and the petitioner’s criminal antecedent. It ordered the release of the petitioner on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond is to be secured before the Judicial Magistrate‑1st Class, Banka.
Issues considered
- Whether bail should be granted to the accused in a case under the Arms Act where the accused alleges police‑planted evidence and non‑compliance with procedural provisions of the BNSS, 2023.
- Whether the existence of other pending criminal cases affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Arms Act
- illegal possession of firearm
- police planting evidence
- BNSS 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26558 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- PANJWARA District- Banka
======================================================
Chhotu Yadav @ Bichchu Yadav @ Chotu Yadav son of Dinesh Yadav
Resident of Village- Dumariya, Po- Motiya, Dumariya, Ps- Godda, Dist-
Goda, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr.Sanjay Kumar Jha, learned counsel
appearing for the petitioner and Mr.Abhay Kumar Roy,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
29.09.2025 in connection with Panjwara P.S. Case No. 121 of
2025, (G.R.No.3340/2025), F.I.R. dated 24.09.2025 registered
for the offence punishable under Sections 25(1-b)a,26 of Arms
Act .
3.The case relates to recovery of one country made
pistol from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that one country made pistol was recovered from possession of
Patna High Court CR. MISC. No.26558 of 2026(2) dt.21-04-2026
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the petitioner. Learned counsel for the petitioner submits that in
fact nothing has been recovered from conscious possession of
othe petitioner rather the police has planted the same and shown
that the recovery has been made from possession of the
petitioner and the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the police, after investigation, submitted the chargesheet
against the petitioner and petitioner is in custody since
29.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one but fairly submits
that out of three cases, the petitioner is on bail in two cases and
rest one case is pending for consideration before the competent
court of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-1st Class,
Banka in connection with Panjwara P.S. Case No. 121 of 2025,
(G.R.No.3340/2025),with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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