Patna High Court

Angad YadavversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Angad Yadav, was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly possessing two knives (katta) and six live cartridges. The prosecution alleged that the items were recovered from a straw sack in a public place, while the petitioner claimed he was falsely implicated and that no incriminating article was found in his possession. The petitioner also argued that the police failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted his two prior criminal antecedents and the length of his custody since 31‑10‑2025. The State opposed bail, citing the seriousness of the offences. The Court, after considering the facts, the period of custody, and the lack of direct possession, decided to grant bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the Arms Act offences.
Whether the petitioner was in direct possession of the alleged weapons and cartridges.
Whether the police complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Impact of the petitioner’s prior criminal antecedents and period of custody on bail eligibility.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
illegal possession of weapons
Section 103
Bharatiya Nagarik Suraksha Sanhita
criminal antecedents
police procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7862 of 2026
                   Arising Out of PS. Case No.-363 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Angad Yadav S/O Bali Yadav R/O Vill - Mahdah,P.S - Buxar(M),Dist.- Buxar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Dimpal Kumari, Advocate
                 For the Opposite Party/s :      Mr.Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Buxar

                   (Muffasil) P.S. Case No. 363 of 2025, instituted for the offences

                   under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                               3. Prosecution case, in short, is that on 30.10.2025

                   informant received information that petitioner and one Pappu

                   Yadav @ Karan Yadav are waving katta in their village.

                   Thereafter, informant along with other Police personnel reached

                   there and apprehended petitioner. The petitioner also disclosed

                   the name of his other associates, who managed to flee away. On

                   search, a bag containing two katta and six live cartridges hidden

                   in sack of straw, was recovered from a room.

                               4. Learned counsel for the petitioner submitted that the
           Patna High Court CR. MISC. No.7862 of 2026(2) dt.19-02-2026
                                                       2/2




                     petitioner has falsely been implicated in the present case. No

                     incriminating article has been recovered from the conscious

                     possession of the petitioner. The alleged recovery of katta and

                     six live cartridges were made from sack of straw kept in open

                     place, which is accessable to public at large. It has been

                     submitted on behalf of the petitioner that the petitioner is in

                     custody since 31.10.2025 and has two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Buxar (Muffasil)

                     P.S. Case No. 363 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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