Patna High Court
Ramnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to be enlarged on bail in the present case upon furnishing the prescribed bond and sureties.
Summary
Ramnath Yadav was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a .303 pistol and two country‑made pistols were recovered from the terrace of his house. The petitioner contended that no weapon was found in his personal possession and that he had been falsely implicated, citing his antecedents and the fact that his son, Rakesh Kumar, had already been released on bail. The charge‑sheet had been filed and the petitioner had been in custody since 19‑August‑2025. The State opposed bail, but the court noted the long period of detention, the filing of the charge‑sheet, the absence of direct incriminating material against the petitioner, and the bail already granted to the co‑accused. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act despite the filing of a charge‑sheet and his antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- regular bail
- false implication
- charge sheet
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.706 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- KHIRI MORE District- Patna
======================================================
Ramnath Yadav son of Late Ram Naresh Yadav @ Ram Naresh Yadav
Resident of Village- Katka, Dallu Bigha, PS- Khirimore District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
Mr. Kamlesh Kumar, Advocate
Mr. Amit Kumar, Advocate
Mr. Bhanu Priya, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khiri More P.S. Case
no.164 of 2025, registered under section 25(1-B)(a), 26 and 35
of the Arms Act.
3. As per the prosecution case, a .303 bore pistol and
two country made pistols were recovered from the terrace of the
house of the petitioner. The petitioner and his son were taken
into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession nor from the terrace of his house. The petitioner has
been falsely implicated in the case. The son of the petitioner
Patna High Court CR. MISC. No.706 of 2026(2) dt.15-01-2026
2/2
Rakesh Kumar has been enlarged on bail vide order dated
6.1.2026 passed in Cr. Misc. no.88755 of 2025. The reason for
the petitioner’s false implication is his antecedents. He is in
custody since 19.8.2025 and charge-sheet has been submitted in
the case. He undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., grant of bail to co-accused Rakesh Kumar vide
aforesaid order dated 6.1.2026, the petitioner having remained
in custody since 19.8.2025 and charge-sheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Khiri More P.S. Case no.164 of 2025, 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 Judicial Magistrate Ist Class, Danapur, Patna.
(Partha Sarthy, J)
avinash/-
U T
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