Patna High Court
Karu Yadav @ Akhilesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a Rs.10,000 bail bond with two sureties.
Summary
Karu Yadav was arrested in connection with a case registered under sections 25(1‑B)(a) and 26 of the Arms Act, where a loaded country‑made pistol and four live cartridges were allegedly recovered from his possession. The petitioner contended that no incriminating article was actually found on him and that he had been falsely implicated because of his antecedents. He had been in custody since 18 July 2025 and a charge‑sheet had already been filed. The State opposed his regular bail application. After hearing both sides, the Court noted the seriousness of the allegation but also considered the five‑month custodial period and the filing of the charge‑sheet, and consequently ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the accused under sections 25(1‑B)(a) and 26 of the Arms Act after more than five months of custody and after the charge‑sheet has been filed.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- regular bail
- Arms Act
- section 25(1‑B)(a)
- section 26
- loaded firearm
- false implication
- custody duration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.744 of 2026
Arising Out of PS. Case No.-348 Year-2025 Thana- HARNAUT District- Nalanda
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Karu Yadav @ Akhilesh Yadav S/o- Late Birje Yadav R/v- Kharuara PO+PS-
Harnaut (Chero), District- Nalanda at Bihar Sharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
Mr. Shashi Ankit Mudgal, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harnaut (Chero) P.S.
Case no.348 of 2025, registered under section 25(1-B)(a) and 26
of the Arms Act.
3. As per the prosecution case, one loaded country
made pistol and four live cartridges were recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from his possession. He
has been falsely implicated in the case because of his
antecedents. He is in custody since 18.7.2025 and charge-sheet
has been submitted in the case.
5. The application for bail is opposed by learned
Patna High Court CR. MISC. No.744 of 2026(2) dt.15-01-2026
2/2
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the petitioner having remained in custody for more
than 5 months since 18.7.2025 and charge-sheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Harnaut (Chero) P.S. Case no.348 of
2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
Ist, Bihar Sharif, Nalanda.
(Partha Sarthy, J)
avinash/-
U T
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