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Patna High Court

Dhaneshwar Yadav @ Ashish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

The petitioner, Dhaneshwar Yadav, was arrested for alleged possession of a country‑made pistol in violation of Sections 25(1‑B)a and 26 of the Arms Act. He contended that the recovery of the pistol was false and that the search and seizure lacked an independent witness, violating mandatory procedural safeguards. The petitioner had been in custody since 13‑April‑2025 and a charge‑sheet had been filed, amounting to roughly nine months of pre‑trial detention. The State opposed bail, citing a prior similar antecedent, although the petitioner was already on bail in that related case. The Court, after considering the long custody period, the questionable recovery, and the lack of a prior conviction, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. Bail was conditioned on a family member as one surety, regular appearance in court, and cancellation if the petitioner missed two consecutive dates without satisfactory cause.

Issues considered

  • Whether bail should be granted in an offence under the Arms Act when the recovery of the weapon is alleged to be false and lacks an independent witness.
  • Whether the petitioner’s prior antecedent of a similar nature bars the grant of bail.
  • Whether the duration of pre‑trial detention (approximately nine months) warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal seizure
  • pre‑trial detention
  • false recovery
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6275 of 2026
                       Arising Out of PS. Case No.-35 Year-2025 Thana- CHANDAN District- Banka
                 ======================================================
                 Dhaneshwar Yadav @ Ashish Yadav Son of Dabru Yadav @ Debu yadav @
                 Dharu yadav Resident of Village -Donia PS -Chandan Dist- Banka
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashish Kumar Jha
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 25(1-B)a and 26 of the Arms

                   Act.

                                3. As per FIR, one country made pistol has been

                   recovered from the possession of the petitioner which he had

                   concealed in his clothes.

                                4. Learned counsel for the petitioner has submitted

                   that a false recovery of one country made pistol has been shown

                   from the possession of the petitioner, however, there is no

                   independent witness to the search and seizure thereby violating

                   the mandatory provisions thereof. Further, the petitioner is a

                   young boy aged about 23 years and is in custody since

                   13.04.2025 and charge-sheet has been submitted.

                                5. Learned APP for the State has opposed the
             Patna High Court CR. MISC. No.6275 of 2026(3) dt.26-02-2026
                                                         2/2




                       application for bail on the ground that the petitioner has one

                       more antecedent of similar nature. In response, it has been

                       submitted that the said case is also connected to the present case

                       and the petitioner is on bail in the said case.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the petitioner

                       has remained in custody for about nine months and charge-sheet

                       has been submitted, let the above named petitioner, be enlarged

                       on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with Chandan P.S. Case

                       No. 35 of 2025, subject to the conditions that:

                                        (I) One of the bailors will be a family

                       member/close relative.

                                        (II) The petitioner shall appear on each and every

                       date till conclusion of trial and if the petitioner does not appear

                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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