Patna High Court
Rajeev YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 105
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
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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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