Patna High Court
Tuntun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000, two sureties, and verification of his criminal antecedents.
Summary
The petitioner, Tuntun Yadav, was arrested in connection with a case registered on 11 September 2025 for alleged offences under Sections 310(4) and 310(5) of the B.N.S. and Sections 25(1‑B)(a), 26 and 35 of the Arms Act, after a country‑made pistol was recovered from his possession. He claimed innocence and that he had been falsely implicated, having been in custody since 12 September 2025. The State opposed his bail application. The High Court, after hearing both sides, directed that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to his cooperation in the trial and verification of his criminal antecedents. The order also stipulated that if any other pending case is discovered, the bail bond would not be accepted.
Issues considered
- What is the appropriateness of granting regular bail for offences under Sections 310(4), 310(5) of the B.N.S. and Sections 25(1‑B)(a), 26, 35 of the Arms Act?
- Whether the petitioner’s claim of false implication and lack of prior criminal record justify bail?
Legislation cited
Subjects
- regular bail
- arms act
- criminal procedure
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7196 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
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Tuntun Yadav Son of Shiv Nandan Rai @ Vishwanath Rai @ Shiv Nandan
Yadav Resident Of Village - Ramvilash Chowk, Indra Nagar, P.S. -
Kankarbagh, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjali Kumari
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Danapur P.S. Case No. 981 of 2025, dated 11.09.2025 registered
for the offences punishable under Sections 310(4) and 310(5) of
the B.N.S. and Sections 25(1-B), (a) 26 and 35 of the Arms Act.
3. As per allegation, one country-made pistol,
without a magazine with a wooden handle, was recovered from
the possession of the petitioner.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
this case. He has further submitted that the petitioner is not
involved in any other case of a similar nature. The petitioner has
been in custody since 12.09.2025.
5. On the other hand, the learned APP for the State has
Patna High Court CR. MISC. No.7196 of 2026(2) dt.04-02-2026
2/2
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned ACJM, Danapur, Patan/concerned court in connection
with Danapur P.S. Case No. 981 of 2025, subject to the
following conditions that the petitioner shall cooperate in the
disposal of trial and make himself available as and when
required by the court.
7. Before accepting the bail bond, the criminal
antecedent of the petitioner shall be verified and if, it is
found that he is involved in any other case except the case(s),
mentioned in paragraph no. 3 of the bail petition, his bail
bond shall not be accepted.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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