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Patna High Court

Anil Yadav @ Chunna YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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