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Patna High Court

Mulayam Yadav Bahubali @ Rakesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted in the present case, subject to a cash bond, sureties and conditions of cooperation and antecedent verification.

Summary

The petitioner, Mulayam Yadav Bahubali (Rakesh Yadav), was arrested for alleged illegal possession of a country‑made pistol and five live cartridges, offences punishable under Sections 25(1‑B)a and 26 of the Arms Act. He had been in custody for six months and filed a petition for regular bail, claiming innocence and false implication. The State opposed the bail application. The Court considered the nature of the offences, the period of detention, and the petitioner’s claim of innocence, and ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount, subject to the petitioner’s cooperation in the trial and verification of his criminal antecedents. The bail order was conditioned on the petitioner appearing as required and not being involved in any other undisclosed cases.

Issues considered

  • Whether regular bail should be granted to the accused in a case under Sections 25(1‑B)a and 26 of the Arms Act, considering the seriousness of the offence and the six‑month period of custody.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession of firearm
  • regular bail
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7773 of 2026
                   Arising Out of PS. Case No.-399 Year-2025 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Mulayam Yadav Bahubali @ Rakesh Yadav Son of Pankaj Yadav Resident of
                 Village and P.S.- Bannu Bagicha, District- Lakhisarai (Bihar)
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rabi Bhushan
                 For the State           :        Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Lakhisarai P.S. Case No. 399 of 2025,

                   registered for the offences punishable under Sections 25(1-B)a,

                   26 of the Arms Act.

                                    3. As per allegation, one illegal country made pistol

                   along with five live cartridge were recovered from possession of

                   the petitioner.

                                   4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated in the present case due to ulterior motive. The

                   petitioner is in custody since 16.08.2025 i.e. for six months.

                                  5. On the other hand, the learned APP for the State
             Patna High Court CR. MISC. No.7773 of 2026(2) dt.17-02-2026
                                                         2/2




                       has opposed the prayer for bail.

                                    6. Considering the above-mentioned facts and

                       circumstances especially period of custody, let the petitioner

                       above-named be released on bail on furnishing bail bonds of

                       Rs.10,000/- with two sureties of the like amount each to the

                       satisfaction of learned C.J.M., Lakhisarai in connection with

                       Lakhisarai P.S. Case No. 399 of 2025, subject to the condition

                       that the petitioner shall cooperate in the disposal of trial and

                       make himself available as and when required by the court.

                                    7. Before accepting the bail bond, the learned Court

                       below shall verify the criminal antecedent of the petitioner and

                       if it is found that he is involved in any case other than those

                       which have been mentioned in paragraph -3 of the bail

                       application, his bail bond shall not be accepted.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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