Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1-b)A, 26
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
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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
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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/-
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