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Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail granted to the accused is not cancelled.

Summary

The petitioner, Kamlesh Yadav, filed an application seeking cancellation of the bail granted to respondents Arjun Yadav and Ram Lal Yadav in a criminal miscellaneous case. The bail had been ordered by the Patna High Court on 6 March 2025 for offences alleged under several sections of the B.N.S. and the Arms Act, including charges of murder with firearms. The respondents argued that there was no suppression of material facts at the time of the bail hearing. The court examined the submissions and the record of prior orders and found no basis to set aside the bail. Consequently, the application for cancellation of bail was dismissed.

Issues considered

  • Whether the bail granted to the accused under sections of the B.N.S. and the Arms Act should be cancelled

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 27
  • B.N.S. — s. 103, 109, 115(2), 117(2), 118(1), 126(2), 3(5)

Subjects

  • bail
  • cancellation of bail
  • criminal procedure
  • Arms Act
  • B.N.S.
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31900 of 2025
                         Arising Out of PS. Case No.-72 Year-2024 Thana- MAIGRA District- Gaya
                 ======================================================
                 Kamlesh Yadav S/o- Chandrika Yadav Village- Harni Tarwadih Ps- Maigra
                 Dist-Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Arjun Yadav S/o- Dhanushdhari Yadav Village- Harni Tarwadih Ps- Maigra
                 Dist-Gaya
           3.    Ram Lal Yadav S/o- Doman Yadav Village- Harni Tarwadih Ps- Maigra
                 Dist-Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   25-02-2026                    Heard learned counsel for the parties.

                                2. The present application has been filed for

                   cancellation of bail who has been granted bail to the opposite

                   parties no. 2 and 3 by this Court vide order dated 06.03.2025

                   passed in Cr. Misc. No. 9976 of 2025, disclosing their offences

                   under sections 103, 126(2), 115(2), 118(1), 117(2), 109, 3(5) of

                   the B.N.S. and section 25(1-b)a, 26, 27 of the Arms Act.

                                3. Learned counsel for the opposite parties no. 2 and 3

                   has taken this Court through various orders from which it

                   appears that there has been no suppression by the opposite

                   parties no. 2 and 3 at the time of argument as it was argued by
            Patna High Court CR. MISC. No.31900 of 2025(6) dt.25-02-2026
                                                        2/2




                      the opposite parties no. 2 and 3 that the opposite parties were

                      accused of killing the decease with firearms.

                                   4. In view thereof, this application is dismissed.



                                                 (Sandeep Kumar, J)
Ranjeet/-

U      T


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