Patna High Court
Rajesh Kumar @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions and a bail bond.
Summary
Petitioner Rajesh Kumar Yadav was arrested in connection with offences under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26, 35 of the Arms Act, after police recovered a pistol, cartridges, phones and motorcycles. The petitioner claimed he was falsely implicated, asserting that no incriminating article was found in his possession, and highlighted his ten prior criminal antecedents and prolonged custody since 19‑07‑2025. The State opposed bail, arguing the seriousness of the charges. The Court, after considering the facts, the period of detention and the petitioner’s claim of lack of direct involvement, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions. The bail order includes requirements for family surety, regular court appearances, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s claim of lack of incriminating material in his possession warrants bail
- Whether the petitioner’s prior criminal antecedents and period of custody preclude bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 317(3), 317(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3032 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Rajesh Kumar @ Rajesh Kumar Yadav Son of Shanichar Yadav Resident of
village - (Dahipauri) Rambishunpur, Ward No.- 6, P.S.- Raghopur, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pratapganj P.S. Case No. 151 of 2025 instituted for the offences
under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya
Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, acting on secret
information, police apprehended four accused at Chilam Chouk
while they were allegedly planning a crime, whereas two co-
accused persons fled away. During search, a country-made
pistol, live and empty cartridges, mobile phones, and two
motorcycles were recovered from the apprehended accused.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.3032 of 2026(3) dt.11-03-2026
2/3
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that, as per FIR, one country-
made pistol and one mobile phone has been recovered from the
petitioner. Learned counsel further submitted that petitioner has
got no concern with the recovered arms and ammunitions.
Learned counsel further contended that no incriminating article
has been recovered from the conscious possession of the
petitioner. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 19.07.2025 and has ten
criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Pratapganj P.S. Case
No. 151 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
Patna High Court CR. MISC. No.3032 of 2026(3) dt.11-03-2026
3/3
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…