Created by Fuzzy Cloud

Patna High Court

Sulo Yadav @ Sholo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties and conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Sulo Yadav, applied for bail in a case registered under Sections 25(1‑B)(a) and 26 of the Arms Act, alleging that the alleged seizure of a country‑made katta and ten live cartridges from his possession was unfounded and that the police failed to follow the provisions of Section 100 of the CrPC. The prosecution opposed the bail, relying on the charge sheet and the petitioner’s prior involvement in another case for which he was already on bail. The court examined the material on record, noted the absence of an independent witness to the seizure and the procedural lapses alleged by the petitioner, and considered the petitioner’s period of custody since 23‑10‑2025. Weighing the facts, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and imposing conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation of bail upon repeated non‑appearance.

Issues considered

  • What is the applicability of bail provisions in offences under Sections 25(1‑B)(a) and 26 of the Arms Act?
  • Whether the alleged procedural irregularities in the seizure (non‑compliance with Section 100 CrPC) justify granting bail?
  • Whether the petitioner’s prior bail in another case and the existence of a charge sheet preclude bail in the present matter?

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 25
  • Section 26
  • Section 100 CrPC
  • Section 480(3) BNSS
  • procedural lapse
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8255 of 2026
                      Arising Out of PS. Case No.-153 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Sulo Yadav @ Sholo Yadav Son of Late Boudhu Yadav Resident of Village-
                 Alauli, Ward No. 08, P.S.- Alauli, District- Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Morkahi P.S. Case No. 153 of 2025, registered

                   for the offences under Sections 25(1-B)(a) and 26 of the Arms

                   Act.

                                3. As per the prosecution case, from the possession of

                   the petitioner, recovery of country made katta and ten live

                   cartridges were made.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been

                   falsely implicated in this case. Nothing has been recovered from

                   person or possession of the petitioner. There is no independent

                   witness to search and seizure. The police has not followed the
Patna High Court CR. MISC. No.8255 of 2026(2) dt.17-02-2026
                                            2/3




          mandate of Section 100 of the CrPC. The petitioner is having

          antecedent of one case in which he is on bail. Petitioner is in

          custody since 23.10.2025. Charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet and his period of custody, the

          petitioner is directed to be released on bail, on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with

          two sureties of the like amount each to the satisfaction of

          learned ACJM-1st, Khagaria/concerned court, in connection

          with Morkahi P.S. Case No. 153 of 2025, subject to the

          condition laid down under Section 480(3) of the BNSS and

          other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court

                                  below, if so required by the learned trial

                                  court.

                                  (iii) In case of absence on three
             Patna High Court CR. MISC. No.8255 of 2026(2) dt.17-02-2026
                                                         3/3




                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.