Patna High Court
Mulayam Yadav Bahubali @ Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 25(1-B)a, 26
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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