Patna High Court
Shubhash Yadav @ Subhash YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is not entitled to bail.
Summary
Shubhash Yadav was arrested in connection with a police encounter in Simri Bakhtiyarpur where a pillion rider fired two shots from an AK‑47 at police. The police recovered an AK‑47, a country‑made pistol, magazines and cartridges from the petitioner. He is charged under IPC sections 353 and 307/34 and several provisions of the Arms Act. The petitioner claimed innocence, alleging he was merely a servant of the main accused Sadhu Yadav. The State opposed bail, emphasizing the recovery of weapons from his possession and the seriousness of the offences. The court, after considering the facts, held that the petitioner does not merit the privilege of bail and rejected the bail application.
Issues considered
- Whether the petitioner is entitled to bail in view of the seriousness of the offences and the recovery of weapons from his possession.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B), 25(1-B)©, 26(2), 27(2), 35
- Indian Penal Code — s. 307/34, 353
Subjects
- bail
- Indian Penal Code
- Arms Act
- firearms
- police encounter
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61370 of 2025
Arising Out of PS. Case No.-230 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Shubhash Yadav @ Subhash Yadav Son of Bino Yadav @ Vinod Yadav
Resident of village - Sukhasan, Ghoghsan, P.S.- Simri Bakhtiyarpur, Distt.-
Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Simri
Bakhtiyarpur P.S. Case No. 230 of 2024 registered for the
offence punishable under Sections-353, 307/34 of the Indian
Penal Code, 25(1-A), 25(1-AA), 25(1-B), 25(1-B)©, 26(2),
27(2) and 35 of the Arms Act.
3. The police on secret information that notorious
criminal Sadhu Ydav, to whom, a reward of Rs. One Lakh has
been announced by the Government, was passing through with
his associates. The police raised ambush and one Hero Honda
Motorcycle without number plate was seen and when the police
Patna High Court CR. MISC. No.61370 of 2025(7) dt.02-02-2026
2/2
signalled to stop, the pillion rider fired two shots by AK-47
targetting the police force. The driver became successful in
fleeing away and the petitioner was arrested. One AK-47 Rifle
and 10 cartridges as well as country-made pistol and magazines
were also recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. He is servant of co-accused Sadhu Yadav who fled
away and the petitioner was arrested.
5. On the other hand, learned APP has opposed the
prayer for bail by submitting that one AK-47, Assault Rifle,
pistol and cartridges were recovered from possession of the
petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner does not deserve the privilege of bail and
accordingly, the same is rejected.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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