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Patna High Court

Raja Yadav @ Raja Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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