Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Umesh Yadav, applied for regular bail in a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act after a raid recovered a musket, live and empty cartridges from his house. He contended that he was falsely implicated and that no incriminating article was found in his personal possession. He had been in custody since 26 July 2025 and a chargesheet had already been filed. The State opposed the bail. After hearing both sides, the Court noted the six‑month custodial period and the pending chargesheet, and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Banka.
Issues considered
- Whether regular bail should be granted to the accused under the Arms Act after a chargesheet has been filed and six months of custody.
- Whether the alleged recovery of arms from the premises justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- regular bail
- false implication
- chargesheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79037 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- BELHAR District- Banka
======================================================
Umesh Yadav S/o Late Sattan Yadav R/o Village- Nagel, P.S.- Belhar,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, 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 Belhar P.S. Case no. 219
of 2025 registered under sections 25(1-b)a, 26 and 35 of the
Arms Act.
3. As per the prosecution case, on a raid being
conducted in the house of the petitioner, a musket, two live
cartridges and four empty cartridges were found.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No incriminating
article has been recovered either from the petitioner’s possession or
from his house. He is in custody since 26.7.2025 and chargesheet has
been submitted in the case.
Patna High Court CR. MISC. No.79037 of 2025(4) dt.11-02-2026
2/2
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 against the petitioner in
the FIR, the petitioner having remained in custody for six
months since 26.7.2025 and chargesheet having been submitted
in the case, the Court directs the petitioner to be enlarged on bail in
connection with Belhar P.S. Case no. 219 of 2025 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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