Patna High Court
DHANJI YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Dhanji Yadav, was arrested in connection with alleged possession of illegal arms and ammunition recovered from the agricultural field of Munna Yadav. He was charged under Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The petitioner contended that no weapons were found in his possession, that the seizure was made solely from Munna Yadav’s field, and that the police failed to comply with Section 105 of the BNSS while effecting the seizure. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court found the petitioner's arguments persuasive and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to a person accused under Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act.
- Whether the seizure of the arms was lawful given the alleged non‑compliance with Section 105 of the BNSS.
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)a, 26, 27, 35
- BNSS — s. 105
Subjects
- bail
- Arms Act
- illegal weapons
- seizure procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44325 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- Bahoranpur District- Bhojpur
======================================================
Dhanji Yadav Son of Satyanarayan Yadav @ Sadhu Yadav Resident of
Village- Pursushotampur, P.S.- Bhoranpur, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate.
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 25(1-b)a, 26, 35 and 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
police had secret information that the petitioner had kept illegal
arms and ammunition concealed in the agricultural field of one
Munna Yadav. It is further alleged that from the field of Munna
Yadav, one rifle, one pistol, one country-made pistol, twelve live
cartridges, and seven empty cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.44325 of 2026(2) dt.08-07-2026
2/2
case. He also submits that from perusal of the seizure list, it is
clear that the recovery, if any, has been made from the field of
Munna Yadav. He further submits that nothing has been
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and the police have not
complied with Section 105 of the BNSS while making the
seizure. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 21.04.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Bhojpur at Ara in connection with
Bahoranpur P.S. Case No. 39 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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