Patna High Court
Pandav YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond, sureties and specific conditions, including verification of criminal antecedent.
Summary
Pandav Yadav was arrested on 8 July 2025 in connection with a case under Sections 25(1‑b)a and 26(1) of the Arms Act. He had earlier been granted bail in 2023 with a condition that his criminal antecedent be verified, and that bail could be cancelled if he concealed any pending cases. The bail bond was cancelled in June 2025 after the A.P.O. alleged that he had nine undisclosed cases, whereas the petitioner claimed only three were pending. The State opposed further bail, contending that the petitioner had thirteen other cases, nine of which were already on bail. The High Court, after considering the nature of the offence and the earlier bail order, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of antecedents, stating that verification would not delay the acceptance of bail.
Issues considered
- Whether bail should be granted despite alleged concealment of the petitioner’s criminal antecedent and multiple pending cases
- Whether the condition of verification of criminal antecedent can be imposed without delaying the grant of bail
- Whether the petitioner poses a risk of tampering with evidence or fleeing
Legislation cited
- Arms Act — s. 25(1‑b)a, 26(1)
Subjects
- bail
- Arms Act
- criminal antecedent
- verification
- multiple pending cases
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72448 of 2025
Arising Out of PS. Case No.-214 Year-2022 Thana- GOGRI District- Khagaria
======================================================
Pandav Yadav S/O Late Lakhan Yadav R/O Village- Shishwa, P.S- Gogari,
Distt.- Khagarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramakant Sharma, Sr.Advocate
: Mr.Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 13-02-2026 Heard Mr.Ramakant Sharma, learned senior counsel
appearing for the petitioner and Mr.Mukesh Kumar Singh,
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
08.07.2025 in connection with Gogari P.S. Case No. 214 of
2022, G.R. No. 2293 of 2022, F.I.R. dated 16.08.2022 registered
for the offence punishable under Sections 25(1-b)a/26(1) of
Arms Act.
3. Earlier the petitioner has been granted bail by this
Court vide order dated 12.04.2023 passed in Cr.Misc.No.73315
of 2022. While granting bail, one of the conditions that “the
court below shall verify the criminal antecedent of the petitioner
and in case at any stage, it is found that the petitioner has
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concealed his criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification”. The bail bond of the petitioner was cancelled on
02.06.2025 on the basis of the petition filed by the A.P.O. stating
therein that the petitioner carries nine more cases other than the
present one in the district of Khagaria and petitioner has
mentioned in the bail petition that only three cases are pending
against him.
4. Learned senior counsel appearing for the petitioner
submits that earlier the petitioner was in custody for about eight
months and now he is in custody since 08.07.2025.
5. Learned A.P.P. for the State, on the other hand,
have vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries thirteen more cases other
than the present one but fairly submits that out of thirteen cases,
the petitioner is on bail in nine cases, in three cases, the
petitioner has been acquitted and rest one case is pending for
consideration before the competent court of law, as mentioned
in para-3 of the bail petition.
6. Considering the nature of allegation against the
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petitioner in the FIR and taking into consideration that the
petitioner has earlier been granted bail by this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Khagaria in connection with Gogari P.S.
Case No. 214 of 2022, G.R. No. 2293 of 2022, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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