Patna High Court
HARIOM YADAV @ HARIOM KUMAR YADAV @ HARIOM KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that there was insufficient evidence of his knowledge or participation in the alleged offence.
Summary
Hariom Yadav was arrested in connection with Bangaon Police Station Case No. 106 of 2024 for offences under Sections 103(1), 61(2), 54, 351(3) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that co‑accused Ashish Anand and Balkishan Kumar instructed Brajesh to hide assault weapons in the petitioner’s house, and the weapons were later recovered from his premises. The petitioner contended that he was not named in the FIR, had no knowledge of the weapons, and that the only link to him was the co‑accused’s confessional statements. He had been in judicial custody since 28 January 2026 and cited that similarly situated co‑accused had been granted bail in earlier cases. After hearing both sides, the court held that the petitioner’s lack of knowledge and the precedent of bail in comparable cases warranted his release on bail, subject to a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, Hariom Yadav, is entitled to bail despite the recovery of weapons from his house.
- Whether the petitioner had knowledge or participation in the alleged offence of unlawful possession of arms.
- Whether the precedent of bail granted to co‑accused in similar cases is applicable.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 351(3), 54, 61(2)
Subjects
- bail
- criminal procedure
- arms possession
- knowledge of offence
- co‑accused statements
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30424 of 2026
Arising Out of PS. Case No.-106 Year-2024 Thana- BANGAWON District- Saharsa
======================================================
Hariom Yadav @ Hariom Kumar Yadav @ Hariom Kumar S/O Bechan Yadav
@ Bachchan Yadav Resident Of Village- Dumma, Ward No 7, Ps- Bihra,
District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rashmi Jha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bangaon P.S. Case No. 106 of 2024 registered for the
offence punishable under Sections 103(1), 61(2), 54, 351(3) of
the B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution in short is that
unknown miscreants killed the father of the informant when he
was in a salon.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. The petitioner is not named in FIR rather
his name has transpired in the confessional statement of co-
Patna High Court CR. MISC. No.30424 of 2026(2) dt.23-06-2026
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accused persons, namely, Ashish Anand and Balkishan Kumar
and they told co-accused Brajesh to conceal the weapons of
assault in the house of this petitioner. During investigation, the
same was recovered from his house. Learned counsel has
submitted that it is the statement of co-accused that weapons of
assault was kept at the house of this petitioner and the same was
recovered but it has not come during investigation that the
petitioner was having knowledge or that in his knowledge, the
weapons were kept in his house. He has no concern with the
alleged recovery or with the alleged occurrence. Learned
counsel has submitted that similarly situated other co-accused
persons have already been granted bail by this Court vide Cr.
Misc. Nos. 80384 of 2025 and 15604 of 2025. Moreover, the
petitioner is languishing in judicial custody since 28.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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
Patna High Court CR. MISC. No.30424 of 2026(2) dt.23-06-2026
3/3
A.C.J.M.-I, Saharsa in connection with Bangaon P.S. Case No.
106 of 2024.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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