Patna High Court
Adarsh Yadav @ Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Adarsh Yadav, sought anticipatory bail fearing arrest in a case (Hathua PS No. 377 of 2025) filed under Sections 310(4), 310(5), 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that a co‑accused, Vikash Kumar Sah, disclosed the petitioner’s name after being apprehended during a search that yielded a pistol and live cartridge. The petitioner contended that he was not present at the scene, had no possession of the seized weapons, and was falsely implicated due to personal enmity, noting only prior excise offences. The State opposed the bail application. After considering the submissions and the nature of the allegations, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the B.N.S. and the Arms Act.
- Whether the material disclosed by the co‑accused is sufficient to justify denial of bail.
- Whether the petitioner’s prior criminal antecedents under the Excise Act affect the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 310(4), 310(5), 3(5), 482(2)
Subjects
- anticipatory bail
- bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- dacoity
- false implication
- enquiry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41432 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Adarsh Yadav @ Adarsh Kumar S/o Rambabu Yadav R/o Village- Atwa Durg,
P.S.- Hathua, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate.
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Hathua P.S. Case No.377 of 2025 instituted under Sections
310(4), 310(5), 3(5) of the B.N.S., 2023 and Section 25(1-B)(a),
26, 35 of the Arms Act.
3. As per the prosecution case, the police team
received secret information regarding one Vikash Kumar Sah
who alongwith with associates were planning for a dacotiy, the
police team reached at the house of Vikash Kumar Sah and
started search. During the course of search, 3-4 persons fled
away taking advantage of darkness but co-accused Vikash
Kumar Sah was apprehended thereafter he disclosed the name
of fled away persons including the petitioner. On search, one
Patna High Court CR. MISC. No.41432 of 2026(2) dt.01-07-2026
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desi pistol and one live cartridge was recovered from the place
of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case due to previous enmity with the co-accused. He further
submits that petitioner was neither present on the spot nor he
has any concern with the alleged seized articles. Learned
counsel submits that no incriminating article has been recovered
from the conscious possession of petitioner. He further submits
that petitioner has no criminal antecedent of similar nature,
rather he has got 4 criminal antecedent which belongs to Excise
Act. Petitioner undertakes to cooperate in the investigation and
trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.41432 of 2026(2) dt.01-07-2026
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learned Chief Judicial Magistrate, Gopalganj/ concerned Court
in connection with Hathua P.S. Case No.377 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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