Patna High Court
Shailendra Yadav @ Shailendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Shailendra Yadav, applied for anticipatory bail fearing arrest in connection with a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, where a country‑made pistol and live cartridges were recovered from his residence. The court examined whether the circumstances justified granting anticipatory bail under Section 438 of the CrPC. Considering the seriousness of the alleged offence and the recovery of the weapon, the judge was not inclined to grant bail. Consequently, the anticipatory bail application was dismissed and the petitioner was ordered to surrender within two weeks and to apply for regular bail. The order also directed the Superintendent of Police to be informed for enforcement.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged possession of an unlicensed firearm under the Arms Act.
- Whether the facts disclosed, including recovery of a pistol and live cartridges, warrant denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26, 35
Subjects
- anticipatory bail
- Arms Act
- illegal possession of firearm
- bail jurisdiction
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71706 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Shailendra Yadav @ Shailendra Kumar S/O Ramnandan Yadav Resident of
Village- Jati Bhagwanpur, P.S- Rajgir, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Saxena, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Rajgir P.S. Case No. 222 of 2025 instituted under Sections
25(1-b)a, 26 and 35 of the Arms Act.
3. There is recovery of one country made pistol and
live cartridges from the house of the petitioner.
4. Considering the aforesaid, I am not inclined to
grant anticipatory bail to the petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within two
weeks from today and prays for regular bail, failing which the
Superintendent of Police, Nalanda at Biharsharif will take all
steps for arrest of the petitioner.
Patna High Court CR. MISC. No.71706 of 2025(5) dt.21-01-2026
2/2
7. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda at Biharsharif through FAX
or e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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