Patna High Court
Krishna Rai @ Hare Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Krishna Rai, was arrested after police seized two pistols and a country-made pistol from his residence, alleging violation of Sections 25(1‑B)a and 26 of the Arms Act. He claimed innocence, argued that the firearms were not in his conscious possession, and contended that the search and seizure were not conducted per proper procedure. The petitioner had been in judicial custody since 4 March 2025 and sought regular bail. The State opposed the bail application. Considering the facts, the duration of custody, and the nature of the offences, the court ordered the petitioner’s release on bail, subject to a bond of Rs. 10,000 with two sureties and conditions of physical presence at trial and a family member as bailor.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 25(1‑B)a and 26 of the Arms Act.
- Whether the police complied with the procedural requirements of search, seizure and investigation.
- Whether the period of pre‑trial detention justifies the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
Subjects
- bail
- Arms Act
- illegal arms
- search and seizure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3615 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Krishna Rai @ Hare Krishna Yadav Son of Dashrath Yadav R/o Village -
Bhushaula Danapur, Near Chowk Pokhar, P.S. - Phulwarisharif, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhimanyu Deo
For the Opposite Party/s : Mrs. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Phulwarisharif P.S. Case
No. 349 of 2025 registered for the offences punishable under
Sections 25(1-B)a and 26 of the Arms Act.
3. As per the prosecution story, the informant has
alleged that on 03.03.2025 at about 13:50 hours, during the
course of patrolling, he received a secret information that one
person was illegally selling illegal arms from his house. The
police reached a the place and apprehended a person who
disclosed his name as Krishna Rai (petitioner). From the
possession of the petitioner, two pistols and one country-made
pistol were recovered. On being asked to produce valid licence
Patna High Court CR. MISC. No.3615 of 2026(2) dt.28-01-2026
2/3
or documents of the seized firearms, he failed to do so and gave
no satisfactory explanation. All the recovered firearms were
duly seized on the spot by preparing a seizure list in the
presence of witnesses, who voluntarily signed the same.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The alleged seized firearms were not recovered from the
conscious possession of the petitioner. The petitioner has no
concern with the articles recovered in the present case. Learned
counsel also submits that no proper procedure of search and
seizure has been followed by the police in this case. After
completion of investigation chargesheet has been submitted by
the police against the petitioner in the present case. Petitioner is
languishing in judicial custody since 04.03.2025.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, IV, Patna in connection with Phulwarisharif
Patna High Court CR. MISC. No.3615 of 2026(2) dt.28-01-2026
3/3
P.S. Case No. 349 of 2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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