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Patna High Court

Rajeev YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner with specified conditions.

Summary

Petitioner Rajeev Yadav was arrested in connection with a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that a carbine, a pistol and four live cartridges were seized from his possession. The petitioner contended that he is innocent, that nothing was actually recovered from him, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act because the seizure list witnesses were police officers. He also disclosed eleven prior criminal antecedents and has been in judicial custody since 21‑11‑2025. The State opposed regular bail, citing the seriousness of the arms offences. After hearing both sides, the Court found merit in the procedural objections and, despite the antecedents, ordered the petitioner released on regular bail subject to a bond of Rs.10,000 with two sureties and conditions of personal appearance, a close‑relative bailor and weekly attendance at the police station.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Arms Act and a history of prior criminal antecedents.
  • Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act in the seizure process warrants the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • procedural lapse
  • seizure
  • criminal antecedents
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40197 of 2026
                     Arising Out of PS. Case No.-376 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Rajeev Yadav Son of Late Naresh Yadav R/o vill.- Bahgmara - Barauni - 02,
                 Madhurapur, P.S.- Teghra, Dist.- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offences punishable under sections 25(1-b)a, 26,

                   35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner one country made carbine, one

                   country made pistol and four live cartridge were recovered.

                                4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Nothing has been recovered

                   from the possession of the petitioner. Learned counsel for the

                   petitioner has submitted that while making seizure, Section 105 of

                   B.N.S.S. has not been complied and the seizure list witnesses are

                   police personnel. Petitioner is having eleven criminal antecedents.
            Patna High Court CR. MISC. No.40197 of 2026(2) dt.23-06-2026
                                                        2/2




                      Moreover, he is languishing in judicial custody since 21.11.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Teghra P.S. Case No. 376 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M. -IV Begusarai with

                      following conditions :-

                                   1. The petitioner shall cooperate in trial and shall

                      remain physically present in the trial court on each and every

                      fixed date.

                                   2. One of the bailors should be close relative of the

                      petitioner.

                                   3. The petitioner shall also mark his weekly

                      attendance at Teghra P.S.




                                            (Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U       T


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