Patna High Court
Bijay Yadav @ Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 25(1‑B)a, 26
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
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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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