Patna High Court
Anil Yadav @ Chunna YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Anil Yadav was arrested in connection with a case (PS No. 245 of 2026) alleging that he fired at an informant's door and was charged under several sections of the Bihar Narcotic Substances Act, 2023, the Arms Act and the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, that no injury occurred, and that the seized articles were supplied by the informant herself, asserting that he had been falsely implicated and had been in judicial custody since 28‑02‑2026. The State opposed bail, highlighting four prior criminal cases against the petitioner. After hearing both sides, the Court considered the facts, the seriousness of the offences, and the petitioner’s custody duration, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the District & Additional Sessions Judge‑cumm‑Exclusive Special Excise Court‑II, Katihar, with the bail bond.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Bihar Prohibition and Excise Act — s. 37
Subjects
- bail
- criminal procedure
- arms act
- narcotic law
- prohibition and excise
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28153 of 2026
Arising Out of PS. Case No.-245 Year-2026 Thana- KATIHAR NAGAR District- Katihar
======================================================
Anil Yadav @ Chunna Yadav S/o Late Dinanath Yadav Resident of Mohalla -
Barmasia, Ward No. 12, P.S - Nagar Sahayak, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nagar Sahayak P.S. Case No. 245 of 2026 registered for
the offence punishable under Sections 126(2), 115(2), 109, 352,
351(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act
and later Section 37 of the Bihar Prohibition and Excise Act was
added.
3. The case of the prosecution, in short, is that the
petitioner has made firing at the door of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that no such occurrence has happened and
Patna High Court CR. MISC. No.28153 of 2026(2) dt.04-05-2026
2/2
from perusal of the seizure list, it will transpire that the articles
were presented by the informant herself. No recovery was made
by the police. He further submits that no one has received any
injury. Moreover, the petitioner is languishing in judicial
custody since 28.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-cum-Exclusive Special Excise
Court-II, Katihar in connection with Nagar Sahayak P.S. Case
No. 245 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.