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Patna High Court

Mithun Kumar Yadav @ Mithun YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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