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Patna High Court

Bijay Yadav @ Vijay YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Regular bail should be granted as there is no legal ground to deny it in the present circumstances.

Summary

The petitioner, Bijay Yadav, was arrested after police recovered a country-made pistol and a live cartridge from a flood shelter, though the weapons were not found in his immediate possession. He applied for regular bail under Sections 25(1‑B)a and 26 of the Arms Act. The Sessions Judge had earlier rejected his bail plea, directing him to re‑apply after charges were framed; the charges have since been framed. The High Court examined whether bail could be granted despite the earlier rejection and the fact that the arms were not recovered from the petitioner’s control. Finding no legal impediment, the Court directed the lower court to dispose of the bail application, effectively granting bail. The application was therefore disposed of in the petitioner’s favour.

Issues considered

  • Whether regular bail can be granted to an accused under Sections 25(1‑B)a and 26 of the Arms Act when the seized arms were not in his conscious possession.
  • Whether the earlier rejection by the Sessions Judge precludes bail after charges have been framed.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • possession
  • criminal procedure
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7371 of 2026
                    Arising Out of PS. Case No.-385 Year-2025 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Bijay Yadav @ Vijay Yadav S/o Upendra Yadav R/o Village- Karhara
                 Khirkhiriya, Ward no 05, PS- Murliganj, District- Madhepura

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Deepak Kumar Singh
                 For the State             :      Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                           Heard the learned counsel for the parties.

                                    2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 25(1-

                   B)a and 26 of the Arms Act, registered in connection with

                   Murliganj P.S.Case No. 385 of 2025.

                                        3. As per the prosecution case, the police received

                   confidential information regarding presence of the fugitive

                   Bijay Yadav in the township of Madhepura. Then the police

                   personnel rushed to the spot and arrested the said Bijay Yadav

                   (petitioner) with a motor-cycle. On further questioning, one

                   country-made pistol and one live cartridge were recovered from

                   a flood shelter, situated in village-Pokhram, Chhekatola.

                                        4. The learned counsel for the petitioner has
           Patna High Court CR. MISC. No.7371 of 2026(2) dt.17-02-2026
                                                       2/2




                     submitted that recovery of arms is not from the conscious

                     possession of the petitioner. At the time of raid of his house, he

                     was not present there. The learned Sessions Judge, Madhepura

                     rejected the prayer for bail of the petitioner, observing that he

                     may renew his prayer for bail after framing of charges. Charges

                     have been framed, according to submission of the learned

                     counsel for the petitioner.

                                  5. If that be so, I see no reason why the regular bail

                     petition should not be granted to the petitioner, if he files an

                     application in this regard.

                                  6. The learned court below shall dispose of the bail

                     application of the petitioner, in the light of the observation of the

                     learned Sessions Judge, Madhepura, on the day of its filing.

                                    7.    With the aforesaid observation/direction, the

                     application stands disposed of.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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