Patna High Court
Kishori YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to a bond, sureties and strict conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Kishori Yadav and Munni Yadav, were implicated in a police case (Giriyak PS Case No. 332 of 2025) for offences under Sections 55(1) and 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. A raid at co‑accused Mantu Kumar’s house recovered an illegal iron pistol, magazine and live cartridges, and a confession allegedly linked Kishori Yadav to the weapons; Munni Yadav escaped custody during the investigation. The petitioners sought bail, arguing that no incriminating material was seized from Kishori’s residence and that they would cooperate with the investigation. The State opposed bail, citing the seriousness of the arms offences and the petitioners’ prior criminal antecedents. The Court, after considering the facts, the undertakings given by counsel, and the provisions of Section 482(2) of the B.N.S.S., granted bail to both petitioners subject to a Rs.10,000 bond, two sureties, and strict conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nyaya Sanhita in view of the nature of the offences and their criminal antecedents
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 482(2), 55(1), 61(2)(a)
Subjects
- bail
- criminal procedure
- arms offences
- Bhartiya Nyaya Sanhita
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81128 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Kishori Yadav S/O Sukhdeo Yadav Resident of Village- Sataua Beldari,
Police Station- Giriyak, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80813 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Munni Yadav Son of Sukhdeo Yadav R/o Village- Sataua Beldari, P.S.-
Giriyak, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81128 of 2025)
For the Petitioner/s : Mr.Parijat Saurav, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
(In CRIMINAL MISCELLANEOUS No. 80813 of 2025)
For the Petitioner/s : Mr.Parijat Saurav, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioners and learned APP
for the State in both the cases.
2. The petitioners are apprehending their arrest in
connection with Giriyak P.S. Case No. 332 of 2025 dated
27.07.2025 registered for the offence punishable under Sections
55(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Section
Patna High Court CR. MISC. No.81128 of 2025(4) dt.11-02-2026
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25(1-B)a, 26 and 35 of the Arms Act.
3. As per prosecution case, based on a police tip-off, a
raid was conducted at Mantu Kumar’s house and from where
the police apprehended five co-accused persons attempting to
flee and recovered an illegal iron pistol, a magazine and total 35
live cartridges hidden in the premises. In the meantime, the
petitioner Munni Yadav managed to escape from the custody. It
is alleged that during interrogation, co-accused Mantu Kumar
confessed that the weapons were supplied by his uncle, Kishore
Yadav for a planned murder and, thereafter, the police
conducted second raid and arrested co-accused Ajay Kumar
from whose possession, on mobile phone was recovered.
4. Learned counsel for the petitioners submits that the
seized articles are said to have been recovered from the house of
co-accused Mantu Kumar while the name of the petitioner
Kishori Yadav is said to have transpired on the basis of
confessional statement whereas nothing incriminating is said to
have been recovered from the house of the petitioner Kishori
Yadav when the said house was put on search in his absence. In
respect of petitioner Munni Yadav, the allegation is of having
fled away after jumping from the house of co-accused Mantu
Kumar.
Patna High Court CR. MISC. No.81128 of 2025(4) dt.11-02-2026
3/4
5. It is next submitted that the petitioner Kishori Yadav
has two criminal antecedents out of which in one of them he is
on police bail whereas, in another case, he is on bail. The
petitioner Munni Yadav has one criminal antecedent in which he
is on police bail. Learned counsel for the petitioners undertakes
that the petitioners will cooperate in the investigation and, in
case of the names of the petitioners falling in any such cases in
future and on finding the allegations to be true, the prosecution
will be at liberty to seek cancellation of the bail bonds.
6. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
7. Having considered the entire facts and circumstances
of the case as also taking into account the undertakings given by
the counsel for the petitioners, let the above named petitioners,
be released on bail, in the event of their arrest or surrender
before the learned Court below within a period of six weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Nalanda
(Bihar Sharif) in connection with Giriyak P.S. Case No. 332 of
2025, subject to the conditions as laid down under Section
482(2) of the B.N.S.S. as well as the following conditions:
Patna High Court CR. MISC. No.81128 of 2025(4) dt.11-02-2026
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(i) One of the bailors should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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