Kanhaiya Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4275 of 2026
                     Arising Out of PS. Case No.-304 Year-2025 Thana- HUSSAINGANJ District- Siwan
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                 Kanhaiya Kumar Yadav S/o- Late Naresh Chaudhary @ Late Naresh Yadav,
                 Resident of Village- Sidhwal, P.S. Hussanganj, Dist- Siwan.
                                                                                ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Pandey, Advocate
                                                  Ms. Shyama Rani, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. In the present case, the petitioner seeks bail in

                   connection with Hussainganj P.S. Case No. 304 of 2025 dated

                   07.08.2025, registered for the offences punishable under

                   Sections 25(1-b)a and 26 of the Arms Act and Sections 20(b)(ii)

                   (B) of the NDPS Act.

                                    3. As per the prosecution case, on getting secret

                   information about the petitioner keeping illegal weapons and

                   psychotropic substances, the petitioner was apprehended and

                   from his possession recovery of 257grams of cannabis like

                   substance and one country made katta loaded with one live

                   cartridge was made.

                                    4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.4275 of 2026(2) dt.28-01-2026
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          petitioner submits that petitioner has falsely been implicated in

          the present case. Nothing incriminating was recovered from the

          person or possession of the petitioner. Petitioner was arrested

          merely on the basis of suspicion and his criminal antecedents.

          There is no independent witness to the seizure list. Learned

          counsel next submits that petitioner is having antecedent of

          three cases and chargesheet has been submitted. Learned

          counsel lastly submits that petitioner is in custody since

          08.08.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that petitioner appears to be a habitual offender and is

          accused in serious types of cases.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          submission of chargesheet and period of custody of the

          petitioner, the petitioner, above-named, is directed to be released

          on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Principal District Judge, Siwan /

          concerned Court, in connection with Hussainganj P.S. Case

          No. 304 of 2025, subject to the condition laid down under
          Patna High Court CR. MISC. No.4275 of 2026(2) dt.28-01-2026
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                    Section 480(3) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                   (Arun Kumar Jha, J)

Shahnawaz/-

U     T