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Patna High Court

Anil YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail and ordered his release on bail.

Summary

The petitioner, Anil Yadav, sought regular bail in a case registered under sections 25(1‑A), 25(1‑AA), 25(1‑B)a, 26 and 35 of the Arms Act for alleged possession of a country‑made pistol and 21 live cartridges. The prosecution alleged that the weapon and ammunition were recovered from the petitioner, while the petitioner claimed innocence, asserted that nothing was seized from him, and highlighted a procedural lapse where the police failed to comply with Section 105 of the BNSS while preparing the seizure list. The petitioner also has three prior criminal cases (2004, 2007, 2008) and has been in judicial custody since 6 December 2025. The State opposed the bail application. After hearing both sides, the High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount to the satisfaction of the Chief Judicial Magistrate, Naugachia.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the arms offences alleged.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedents justify refusal of bail.

Legislation cited

  • Arms Act, 1959 — s. 25(1-A), 25(1-AA), 25(1-B)a, 26, 35
  • Bihar Non‑Police Search and Seizure Act — s. 105

Subjects

  • regular bail
  • arms possession
  • procedural lapse
  • seizure
  • criminal antecedent
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40250 of 2026
                      Arising Out of PS. Case No.-279 Year-2025 Thana- BIHPUR District- Bhagalpur
                 ======================================================
                 Anil Yadav S/O Late Kailash Yadav Resident of Village - Baikathpur
                 Shahabad, Chowk , P.S- Sultanganj, District - Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anup Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, 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 offence punishable under sections 25(1-A),

                   25(1-AA), 25(1-B)a, 26 and 35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol along with

                   21 live cartridges was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. The seizure list

                   witnesses are police personnel and police has not followed

                   Section 105 of BNSS while preparing the seizure. The petitioner
            Patna High Court CR. MISC. No.40250 of 2026(2) dt.23-06-2026
                                                        2/2




                      is having criminal antecedent of three cases and the years of

                      those cases are of 2004, 2007 and 2008. Moreover, he is

                      languishing in judicial custody since 06.12.2025.

                                   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

                      Bihpur P.S. Case No. 279 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Naugachia.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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