Patna High Court
Gulab YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond of Rs 10,000, two sureties, and compliance with Section 482 of the B.N.S., 2023.
Summary
Gulab Yadav was implicated in a case under Section 313 of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) and Sections 25(1‑b)a, 26 and 27 of the Arms Act based primarily on the confessional statement of co‑accused who were seized with a country‑made pistol and cartridge. No incriminating article was recovered from Yadav and he has no prior similar convictions. He applied for bail, arguing the lack of direct evidence against him, while the State opposed the bail. The Court considered the nature of the offences, the evidentiary basis, and the statutory bail provision under Section 482 of the B.N.S., 2023. It ordered that Yadav be released on bail upon furnishing a Rs 10,000 bond with two sureties, within eight weeks of the order, subject to the conditions of Section 482.
Issues considered
- Whether bail should be granted to the petitioner when the case is based solely on the confessional statement of co‑accused and no material was recovered from him
- Whether the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are applicable for granting bail in offences under the Arms Act and Section 313 of the B.N.S.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bhartiya Nagrik Suraksha Sanhita — s. 313, 482
Subjects
- bail
- confessional statement
- Arms Act
- Section 313
- Section 482
- co‑accused confession
- no material recovered
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.780 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Gulab Yadav Son of Nataye Yadav @ Bhagat Resident of Village- Gadhiya,
Ward No. 14, P.S.- Pratapganj, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 313 of the B.N.S.,
Sections 25(1-b)a, 26 & 27 of the Arms Act.
3. As per F.I.R., the informant, who is ASI,
apprehended two accused persons and from possession of
accused persons, one country-made pistol and one live cartridge
were recovered. Petitioner is alleged to have fled away from the
spot.
4. Learned counsel for the petitioner submits that as
per F.I.R., petitioner has been made accused on the basis of
confessional statement of co-accused, who were apprehended on
spot with alleged country-made pistol & cartridge. Save &
Patna High Court CR. MISC. No.780 of 2026(2) dt.21-01-2026
2/2
except confession, no incriminating article has been recovered
from possession of this petitioner. Petitioner has got no criminal
antecedent of similar nature.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M., Supaul in connection with Pratapganj P.S. Case No.
160of 2025, subject to condition as laid down under Section 482
of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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