Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Ashok Yadav applied for anticipatory bail in connection with a case registered under sections 25(1‑B)(a), 26 and 27 of the Arms Act. The prosecution’s case is based solely on the statement of a co‑accused, Md Shyam Alam, who alleged that the petitioner supplied a firearm (kattā) to him. No weapon was recovered from the petitioner’s residence and he was absent at the time of the raid. The petitioner contended that he was falsely implicated, had no prior criminal record and was willing to cooperate with the investigation. The court, after considering the lack of material evidence against the petitioner and his clean antecedents, ordered that he be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs 10,000 and two sureties of equal amount.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the accused is the statement of a co‑accused and no incriminating article has been seized.
- Whether the petitioner’s clean criminal record and willingness to cooperate justify bail despite the serious nature of the offences under the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
Subjects
- anticipatory bail
- Arms Act
- section 25
- section 26
- section 27
- co‑accused testimony
- no material evidence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3821 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- BEN P.S. District- Nalanda
======================================================
Ashok Yadav Son of Ramjee Yadav R/o Village - Khaira, P.S. - Ben, District -
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prasad Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for bail
apprehending his arrest in connection with Ben P.S. Case no.237
of 2025 registered for the offence punishable under sections
25(1-B)(a), 26 and 27 of the Arms Act.
3. As per the prosecution case, the informant states
that on a video being viral wherein one person was shown
wielding two kattas/pistols, it is stated that a raid was
conducted. On enquiry from the person namely Md. Shyam
Alam, who was wielding the katta, it is stated that he disclosed
that he had got the same from the petitioner and one another co-
accused. It is further stated that on a raid being conducted, on
the house of the co-accused Azad Kumar, a katta was recovered
from his house. However, on a raid being conducted in the
Patna High Court CR. MISC. No.3821 of 2026(2) dt.28-01-2026
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house of the petitioner, the petitioner was found absconded and
no incriminating article was recovered.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. Even as
per the allegations in the FIR, there is no material against the
petitioner except the statement of the co-accused Md. Shyam
Alam made before police. No incriminating article has been
recovered from the petitioner’s possession who has no criminal
antecedent and undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations in the FIR, no incriminating
article having been recovered from the petitioner’s possession
and the only material against the petitioner being the statement
of co-accused Md. Shyam Alam made before police together
with the petitioner not having any criminal antecedent, it is
directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Ben P.S. Case no.237 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.3821 of 2026(2) dt.28-01-2026
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sureties of the like amount each to the satisfaction of the learned
I/C J.M. 1st, Nalanda at Biharsharif.
(Partha Sarthy, J)
Saurabh/-
U T
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