Patna High Court

Vikash YadavversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Vikash Yadav, was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a loaded pistol and cartridge were recovered. He claimed false implication, stating that no incriminating article was found in his possession and that he had no link to the seized arms. The State opposed bail, while the petitioner’s counsel highlighted his five prior convictions and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court examined the facts, the period of custody since 31‑10‑2025, and the statutory provisions governing bail. Concluding that the circumstances did not warrant continued detention, the court granted bail with a bond of Rs. 15,000 and two sureties, imposing conditions on family surety, appearance, and non‑tampering with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Sections 25(1‑b)a and 26 of the Arms Act despite alleged false implication and prior convictions.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
Whether the petitioner’s criminal antecedents justify denial of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
Section 25
Section 26
Bharatiya Nagarika Suraksha Sanhita
criminal antecedents
high court
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5794 of 2026
                        Arising Out of PS. Case No.-265 Year-2025 Thana- NAUTAN District- Siwan
                 ======================================================
                 Vikash Yadav S/o Hari Shankar Yadav Resident of Village - Narkatiya, P.S. -
                 Nautan, District - Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioner seeks bail in connection with Nautan

                   P.S. Case No. 265 of 2025 instituted for the offences under

                   Sections 25(1-b)a, 26 of the Arms Act.

                               3. As per the F.I.R., one loaded country-made pistol

                   alongwith one live cartridge has been recovered from the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner has got no concern with the recovered arms and
Patna High Court CR. MISC. No.5794 of 2026(2) dt.28-01-2026
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          ammunitions. Charge-sheet has been submitted in this case. It

          has been submitted on behalf of the petitioner that the petitioner

          is in custody since 31.10.2025 and has five criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarika Suraksha Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Nautan P.S. Case

          No. 265 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner 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 petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.5794 of 2026(2) dt.28-01-2026
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                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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