Patna High Court
Mithun Kumar Yadav @ Mithun YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Mithun Kumar Yadav applied for bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that no arms were recovered from his possession and that the police failed to comply with Section 105 of the BNSS during seizure. The prosecution contended that two country‑made pistols, three live cartridges and one mis‑fired cartridge were seized from him. The petitioner asserted he has no prior criminal record and has been in judicial custody since 25‑10‑2025. The State opposed the bail. After hearing both sides, the Court found merit in the petitioner's contentions and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate‑1st Class, Bhagalpur.
Issues considered
- Whether bail should be granted to the accused in an offence under the Arms Act where the prosecution alleges seizure of weapons but the accused claims procedural irregularities in the seizure.
- Whether the alleged non‑compliance with Section 105 of the BNSS and the absence of prior criminal antecedents justify bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- procedural lapse
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31756 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- BARARI District- Bhagalpur
======================================================
Mithun Kumar Yadav @ Mithun Yadav son of Raghu Yadav Resident Of
Village- Surkhilal Durga Sthan Badi Khanjarpur, Ps -Barari, Dist -Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barari P.S. Case No.284 of 2025 registered for the offence
punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner, two country made pistol, three live
cartridge and one misfired cartridge total four cartridge were
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
police have not complied Section 105 of the BNSS while
Patna High Court CR. MISC. No.31756 of 2026(2) dt.13-05-2026
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making seizure. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 25.10.2025.
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 court of learned
Judicial Magistrate- 1st Class, Bhagalpur, in connection with
Barari P.S. Case No.284 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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