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Patna High Court

DHANJI YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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