Patna High Court
Ranjeet Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Ranjeet Kumar Yadav, was arrested in connection with a case under Sections 25(1‑B)a and 26 of the Arms Act for allegedly possessing an unlicensed pistol and live cartridges. He argued that the seizure was illegal because the bag containing the weapons was not seized and the search did not follow statutory procedure, and that he had already been charged in another case. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The High Court examined the procedural claims and the nature of the offence, and concluded that bail could be granted provided the petitioner complied with strict conditions to ensure his availability for investigation and trial. Accordingly, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties and adherence to the stipulated conditions.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)a and 26 of the Arms Act.
- Whether alleged irregularities in the search and seizure render the evidence inadmissible for bail considerations.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the petitioner’s cooperation with investigation can be assured through bail conditions.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- illegal possession of firearms
- search and seizure
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78180 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Ranjeet Kumar Yadav, S/o Mr. Kishori Sharan Yadav, R/o Village- Mahua
Ekdara, P.S- Khajauli, Distt.- Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the State : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jaynagar P.S. Case No. 290 of 2025, dated-19.08.2025
registered for the offences punishable under Sections 25(1-B)a
& 26 of the arms act.
3. As per allegation, one country made pistol besides
some live cartridges has been recovered from the possession of
the Petitioner without any license.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.78180 of 2025 (3) dt.21-01-2026
2/4
case. He further submits that though, as per the prosecution
case, the illegal arms has been recovered from the bag being
carried by the Petitioner, but the same bag has not been seized.
Hence, the prosecution case is not reliable. He also submits that
the procedure as prescribed for search and seizure has not been
followed, and hence, vitiate the whole seizure of the armed
vehicle, which is the basis of this case. He further submits that
charge sheet in this case has already been submitted and there is
no requirement of the Petitioner in the investigation.
5. He further submits that the petitioner has been
languishing in jail since 20.08.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in one
other case.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
Patna High Court CR. MISC. No.78180 of 2025 (3) dt.21-01-2026
3/4
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Concerned Court
below in connection with Jainagar P.S. Case No. 290 of 2025 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
Patna High Court CR. MISC. No.78180 of 2025 (3) dt.21-01-2026
4/4
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
Checking your session…