Patna High Court
Redy YadavversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Petitioner Redy Yadav sought anticipatory bail after being named in a FIR for alleged offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, relating to an incident during a Durga Puja immersion where a co‑accused, Shivam Kumar, brandished a country‑made pistol. The prosecution’s case is based on the recovery of the weapon from Shivam Kumar and his confessional statement implicating the petitioner. The petitioner argued that no arms or incriminating material were found in his possession and that the only link to him is the co‑accused’s confession, which is insufficient for a conviction. The State opposed the bail application. The High Court, considering the lack of direct evidence against the petitioner, granted anticipatory bail subject to conditions, including a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is implicated solely on the basis of a co‑accused’s confessional statement and no material evidence is found on his person.
- Whether the provisions of the Arms Act and the inherent powers of the High Court under Section 482 of the CrPC justify denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
- Criminal Procedure Code — s. 482
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- false implication
- lack of evidence
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32382 of 2026
Arising Out of PS. Case No.-286 Year-2024 Thana- KOTWA District- East Champaran
======================================================
Redy Yadav S/o Bipin Yadav R/o- Village- Rajapur Mathiya, P.S.- Kotwa,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar
For the Opposite Party/s : Mr. Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Kotwa P.S. Case No. 286 of 2024 for the
offence under Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in brief, is that on
14.10.2024, the informant along with the police force was
deputed for Durga Puja immersion duty at village Ahironia
under Kotwa Police Station. During patrolling with the
procession, three persons riding on a Hero Glamour motorcycle
allegedly entered the procession with an intention to create fear
and panic. It is alleged that the pillion rider took out and
brandished a country-made pistol, whereupon the police
apprehended him, while the remaining two accused fled away
Patna High Court CR. MISC. No.32382 of 2026(2) dt.07-05-2026
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taking advantage of the crowd. The apprehended accused
disclosed his name as Shivam Kumar. Upon search, one
country-made pistol, two live cartridges, one Hero Glamour
motorcycle and one Redmi mobile phone were recovered from
his possession and seized in accordance with law.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is contended that the petitioner has not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R., it appears that one co-accused, namely Shivam
Kumar, was apprehended with the allegation that he, along with
his associates, was brandishing a pistol during the procession of
Durga Puja. It is further submitted that although the petitioner
has been named in the F.I.R., his implication in the present case
is solely based on the confessional statement of the apprehended
co-accused Shivam Kumar, from whose possession the alleged
arms and ammunition were recovered. Learned counsel further
submits that no incriminating article has been recovered from
the conscious possession of the petitioner and there is no
independent material evidence connecting him with the alleged
occurrence.
5. Learned APP opposes the prayer for bail.
Patna High Court CR. MISC. No.32382 of 2026(2) dt.07-05-2026
3/3
6. Keeping in view the aforesaid facts, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the date
of receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-XI,
East Champaran, Motihari, in connection with Kotwa P.S. Case
No. 286 of 2024 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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