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Patna High Court

Ramnath YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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