Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
Pawan Yadav was arrested in connection with a case under sections 25(1‑B)(a) and 26 of the Arms Act after two pistols and live cartridges were allegedly recovered from his possession. He contended that the seizure was not witnessed independently, that he was falsely implicated, and that no incriminating article was actually found on him. He had been in custody since 16 June 2025 and a charge‑sheet had already been filed. The State opposed his bail application. Considering the allegations, the length of custody (seven months) and the filing of the charge‑sheet, the Court ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Madhepura.
Issues considered
- Whether regular bail can be granted in a case under the Arms Act where the petitioner alleges false implication and lack of an independent witness to the seizure.
- Whether the duration of custody and the filing of a charge‑sheet justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- bail
- Arms Act
- regular bail
- seizure
- false implication
- charge sheet
- custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75531 of 2025
Arising Out of PS. Case No.-671 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Pawan Yadav, S/o Ramdeo Prasad Yadav @ Ramdev Yadav, R/o Village-
Sahugarh Karu Tola, Ward No. 05, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ruchi Mandal, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Madhepura P.S. Case
no.671 of 2025, registered under sections 25(1-B)(a) and 26 of
the Arms Act.
3. As per the prosecution case, two country made
pistols and two live cartridges were recovered from the
possession of the petitioner who made an attempt to flee away.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. There is
no independent witness to the seizure in the F.I.R. The petitioner
is in custody since 16.6.2025 and charge-sheet has been
submitted in the case.
Patna High Court CR. MISC. No.75531 of 2025(3) dt.11-02-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., the petitioner having remained in custody for 7
months since 16.6.2025 and charge-sheet having been submitted
in the case, the petitioner is directed to be enlarged on bail in
connection with Madhepura P.S. Case no.671 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 Chief Judicial Magistrate, Madhepura.
(Partha Sarthy, J)
avinash/-
U T
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