Patna High Court
Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners subject to monetary and procedural conditions.
Summary
The petitioners, Mukesh Yadav and Binod Yadav, were arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a country‑made pistol was recovered from Mukesh's house and allegedly bought from Binod. They claimed false implication, asserted that no weapon was found in their possession, and highlighted the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court noted the prolonged custody since September 2025 and the filing of a charge‑sheet. Considering the facts, the court decided to grant bail, imposing a bond of Rs. 15,000 each with two sureties and conditions regarding family sureties and regular court appearances. The bail order was made subject to cancellation if the petitioners default on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offenses.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- BNSS, 2023 — s. 103
Subjects
- bail
- Arms Act
- Section 103 BNSS
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5681 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- JADIA District- Supaul
======================================================
1. Mukesh Yadav S/o Sajjan Yadav Resident of village - Datuaa, Ward No. 10,
Police Station - Jadia, District - Supaul
2. Binod Yadav S/o Bhumi Yadav Resident of village - Dahariya, Ward No. 9,
Police Station - Chhatapur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Jadia
P.S. Case No. 197 of 2025 instituted for the offence under
Sections 25(1-B)(a), 26 & 35 of the Arms Act.
3. Prosecution case in short is that there is recovery of
one country made pistol from the house of petitioner No.1. It is
further alleged that petitioner No.1 disclosed that the country
made pistol was bought from the petitioner No.2
4. It has been submitted on behalf of the petitioners
that the petitioners are in custody since 19.09.2025. Petitioner
No.1 bears eight (8) criminal antecedents, whereas petitioner
Patna High Court CR. MISC. No.5681 of 2026(3) dt.24-02-2026
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No.2 bears three (3) criminal antecedents, as per disclosure
made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. It is submitted that petitioners have no concern
with the recovered arms. Nothing has been recovered from the
conscious possession of the petitioners. Learned counsel next
submits that police after investigation has already submitted
charge sheet in this case. There is no compliance of Section 103
of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and charge-sheet
being submitted, this Court is inclined to grant bail to the
petitioners.
8. Let the petitioners be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Fifteen Thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jadia P.S. Case No.
197 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.5681 of 2026(3) dt.24-02-2026
3/3
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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