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Patna High Court

Gulab YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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