Patna High Court
Raja Yadav @ Raja Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted as no incriminating material was found and the petitioner has a clean antecedent.
Summary
The petitioner, Raja Yadav, sought anticipatory bail fearing arrest in an arms case (Morkahi P.S. Case No. 111 of 2025) where police recovered a large quantity of arms based on secret information. The prosecution alleged involvement, but no incriminating material was found at the petitioner's residence, which was searched in his absence. The petitioner asserted a clean antecedent and willingness to cooperate with the investigation. The State opposed the bail. Considering the absence of evidence against the petitioner and his clean record, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to surrender within four weeks, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the facts and lack of incriminating evidence?
Legislation cited
- Arms Act — s. 25(1)A, 25(1-B)A, 26(1)(2), 35
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- arms seizure
- clean antecedent
- bail bond
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6818 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Raja Yadav @ Raja Kumar Yadav Son of Anurudh Yadav @ Aniruddh Yadav
Residednt of Village -Tikarampur, P.S. - Muffasil, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Yadav, Adv.
For the Opposite Party/s : Ms.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Morkahi P.S. Case No. 111 of 2025 dated 22.07.2025
registered for the offence punishable under Section/s 25(1-
B)A/25(1)A/26(1)(2)/35 of the Arms Act.
3. As per the prosecution case, the police, on receipt of
secret information, reached at the place of occurrence and
recovered huge quantity of arms and ammunition including
materials used for constructing pistol from there.
4. Learned counsel for the petitioner submits that three
accused persons were apprehended by the police, who are said
to have taken the name of the petitioner, while nothing
incriminating is said to have been recovered from the house of
the petitioner, which was put on search in his absence. It is next
Patna High Court CR. MISC. No.6818 of 2026(2) dt.04-02-2026
2/2
submitted that the petitioner is a person of clean antecedent and
is ready to abide by the terms and conditions of anticipatory bail
and would cooperate with the investigation.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and taking
into account the fact that nothing incriminating has been found
from the house of the petitioner and as also the petitioner having
no criminal antecedent, this Court is inclined to grant privilege
of anticipatory bail to the petitioner.
7. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate 1st,
Khagaria in connection with Morkahi P.S. Case No. 111 of
2025, subject to the condition as laid down under Section 482(2)
of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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