Patna High Court
Bambam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the recovery of a country‑made pistol and the petitioner’s antecedent under the Arms Act preclude the grant of regular bail.
Summary
Bambam Yadav applied for regular bail in a case where the prosecution alleged that a country‑made pistol and 61.69 grams of heroin (smack) were recovered from his possession, along with additional narcotics from a co‑accused. The petitioner contended that no incriminating article or cartridge was found on him and that the seized quantity was below commercial levels, seeking release after being in custody since 1 July 2025. The court considered the seriousness of the alleged offenses under the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act, as well as the petitioner’s antecedent under the Arms Act. Weighing these factors, the judge declined to grant bail, noting the presence of an illegal firearm and prior offences. The petitioner was permitted to file a fresh bail application after completing one year in custody or after charges are framed.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act given the alleged possession of a country‑made pistol and narcotics.
- Whether the quantity of narcotic seized, being less than commercial quantity, warrants bail.
- Whether the petitioner’s antecedent under the Arms Act precludes the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- NDPS Act, 1985 — s. 21(b), 22(b), 8(C)
Subjects
- regular bail
- Arms Act
- NDPS Act
- narcotics possession
- illegal firearm
- antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78534 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- FALKA District- Katihar
======================================================
Bambam Yadav S/O Sukhdev Yadav @ Sukho Yadav Resident of village-
Amol (Amoul), P.S.- Falka, District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Falka P.S. Case no. 79
of 2025 registered under section 317(5) of the Bharatiya Nyaya
Sanhita, 2023, section 25(1-b)a, 26 and 35 of the Arms Act,
1959 and section 8(C), 21(b) and 22(b) of the NDPS Act, 1985.
3. As per the prosecution case, on a raid being
conducted, a country made pistol and 61.69 grams of smack was
recovered from the possession of the petitioner. It is further
stated that 19 live cartridges and 41.61 grams of smack was
recovered from the possession of the co-accused.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession. No cartridge was recovered from his possession. The
Patna High Court CR. MISC. No.78534 of 2025(4) dt.11-02-2026
2/2
alleged quantity recovered is less than the commercial quantity. The
petitioner is in custody since 1.7.2025 and undertakes to cooperate in
the trial.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of a country
made pistol and 61.69 grams of smack together with the
petitioner having antecedent also under the Arms Act, in the
facts of the case, the Court is not inclined to enlarge the petitioner
on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after completing one year in custody or on
framing of charge, whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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