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Patna High Court

Sunil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner Sunil Yadav was arrested in connection with a case registered on 31‑08‑2025 under Sections 25(1‑b)A and 26 of the Arms Act for alleged recovery of a country‑made pistol and a live cartridge from his residence. He contended that the weapons were not in his conscious possession and that he had been falsely implicated, despite being in custody since 15‑09‑2025 and having four other criminal cases. The State opposed bail, arguing the seriousness of the offence. The High Court, after hearing counsel, considered the facts, the seizure list, and the petitioner’s claim of innocence, and decided to grant bail subject to a bond of Rs 10,000 with two sureties and several conditions, including regular court appearances and non‑tampering with evidence. The order also required a blood relative to act as one bailor and provided for cancellation of bail on non‑compliance.

Issues considered

  • Whether bail can be granted to an accused under Sections 25(1‑b)A/26 of the Arms Act
  • Whether the recovery of a firearm and live cartridge from the accused’s house justifies denial of bail
  • Whether the petitioner’s prior criminal cases affect his eligibility for bail

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession of firearm
  • pre‑trial detention
  • conditions of bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4451 of 2026
                      Arising Out of PS. Case No.-107 Year-2025 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Sunil Yadav, Son of Hiralal Yadav, Resident of village - Rajpur, P.S.- Imadpur,
                 District - Bhojpur, Ara
                                                                              ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Malti Kumari, Advocate
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Imadpur

                   P.S. Case No. 107 of 2025 dated 31.08.2025, instituted for the

                   offence punishable under Sections 25(1-b)A/26 of the Arms Act.

                                3. The allegation is of recovery of one country made

                   pistol and one live cartridge from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. Learned counsel for the petitioner submits that nothing has

                   been recovered from the conscious possession of the petitioner.

                   From perusal of the seizure list, it shows that a country made pistol

                   and a live cartridge were recovered from the house of the

                   petitioner. In the seizure list, all are official witness. Lastly, it has
Patna High Court CR. MISC. No.4451 of 2026(2) dt.28-01-2026
                                            2/3




          been submitted that the petitioner is in custody since 15.09.2025

          having four criminal cases against him. Charge-sheet has been

          submitted in the case.

                        5. Learned A.P.P. has opposed the prayer for bail of the

          petitioner.

                        6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, let the

          petitioner be released on bail upon furnishing bail bonds of Rs.

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

          to the satisfaction of the learned Judicial Magistrate, First Class,

          Bhojpur, Ara in Imadpur P.S. Case No. 107 of 2025, as well as the

          following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.

                          3. The bailor shall also state on affidavit that he

                          will inform the court concerned if the petitioner is
           Patna High Court CR. MISC. No.4451 of 2026(2) dt.28-01-2026
                                                       3/3




                                     made accused in any other case of similar nature

                                     after his release in the present case and thereafter

                                     the court below will be at liberty to initiate the

                                     proceeding for cancellation of bail on ground of

                                     misuse.

                                     4. If the petitioner tampers with the evidence or the

                                     witnesses, in that case, the prosecution will be at

                                     liberty to move for cancellation of bail.

                                     5. The petitioner within two weeks after his release

                                     from custody shall appear before the local police

                                     station along with a copy of this order and thereafter

                                     shall appear in the first week of every month to mark

                                     his attendance till the conclusion of trial.


                                                                         (Khatim Reza, J)

premchand/-

U      T


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