Patna High Court
Sudin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a cash bond, two sureties and a monthly attendance condition.
Summary
The petitioner, Sudin Yadav, was arrested in connection with a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, after two pistols, cartridges and magazines were seized and an accomplice identified him as the supplier. The petitioner contended that he had no incriminating material on his person and maintained his innocence, having been in custody since 19 January 2026. The State opposed the bail application, arguing the seriousness of the alleged offence. The Court, after considering the facts and submissions, ordered the release of the petitioner on bail with a cash bond of Rs. 10,000 and two sureties of the same amount, subject to the condition that he attend the Khagaria Police Station every Sunday. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- What is the appropriate bail disposition for an accused under Sections 25(1‑b)(a), 26 and 35 of the Arms Act?
- Whether the petitioner’s claim of innocence and lack of seized material justify granting bail?
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)(a), 26, 35
Subjects
- bail
- Arms Act
- illegal firearms
- supply of weapons
- criminal procedure
- surety
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27296 of 2026
Arising Out of PS. Case No.-134 Year-2024 Thana- Mufassil District- Khagaria
======================================================
Sudin Yadav S/o Vijay Yadav R/o Village- Barkhandi Tola, P.S.- Muffasil,
Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffassil P.S. Case No. 134 of 2024 registered for the offence
punishable under Sections 25(1-b)a, 26 and 35 of Arms Act.
3. As per the prosecution case, three persons were
apprehended. From the apprehended persons, two country-made
pistols, two live cartridges and two magazines were recovered.
One of the apprehended persons disclosed the name of the
petitioner as the supplier of the aforesaid firearms.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. No
incriminating material has been recovered from his possession.
The petitioner is in jail since 19.01.2026.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.27296 of 2026(2) dt.07-05-2026
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prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Muffassil P.S. Case No. 134 of 2024, subject to the
condition that the petitioner, after being released on bail is
directed to mark his attendance at Khagaria Muffassil Police
Station on every Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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