Patna High Court

Rahul Yadav @ Akhilesh KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Petitioner Rahul Yadav applied for bail in a criminal case (Sadar P.S. Case No. 218 of 2025) alleging offences under Sections 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that miscreants fired indiscriminately at an informant, who escaped injury and identified Vishal Yadav and Vikky Yadav, with Vishal Yadav also naming the petitioner. The petitioner contended he was falsely implicated, not named in the FIR, and that no one was injured; he also pointed to bail being granted to co‑accused Birla Yadav and Manohar Yadav in similar cases. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a Rs.10,000 bail bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the charges under the Bihar Narcotic Substances Act and the Arms Act.
Whether the petitioner’s alleged involvement, as named by a co‑accused, justifies continued judicial custody.
Whether the petitioner’s prior criminal antecedents preclude bail.
Whether the bail granted to other co‑accused in similar cases is persuasive precedent.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act, 2023 — s. 109, 3(5)

Subjects

bail
criminal procedure
Arms Act
Narcotic law
prior criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6840 of 2026
                    Arising Out of PS. Case No.-218 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Rahul Yadav @ Akhilesh Kumar S/O Ganesh Yadav @ Ganesh Kumar Ray
                 Resident of Village- Megha, Police Station- Keoti, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :     Mr. Bharat Lal,, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sadar P.S. Case No. 218 of 2025 registered for the offence

                   punishable under Sections 109, 3(5) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that some

                   miscreants indiscriminately fired upon the informant. The

                   informant anyhow escaped the attack. The informant has named

                   two persons, namely, Vishal Yadav and Vikky Yadav.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that the name of this petitioner is not there in the FIR
           Patna High Court CR. MISC. No.6840 of 2026(2) dt.11-02-2026
                                                       2/2




                     however, co-accused Vishal Yadav has named this petitioner. He

                     also submits that in the alleged firing, nobody has received any

                     injury and the nature of allegation is general and omnibus. He

                     further submits that similarly situated other co-accused namely,

                     Birla Yadav and Manohar Yadav have been granted bail by the

                     learned coordinate bench of this court vide Cr. Misc. No. 1448 of

                     2026 and 82956 of 2025 respectively. Moreover, the petitioner is

                     languishing in judicial custody since 24.11.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.         The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Darbhanga in connection with Sadar P.S. Case No. 218

                     of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…