Patna High Court
Subhash YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the seriousness of the offence and the petitioner’s criminal antecedents outweigh any procedural lapse in charge framing.
Summary
The petitioner, Subhash Yadav, was arrested on 18 November 2024 in connection with a case registered under Sections 25(1‑b)a and 26 of the Arms Act, where two pistols and twelve live cartridges were recovered from his possession. He applied for regular bail, arguing that charges had not yet been framed. The High Court noted that the petitioner has eight prior criminal antecedents and that the serious nature of the seized arms warranted continued custody. The court also observed that the charge sheet had not been framed, but this procedural lapse did not outweigh the risk factors. Consequently, the court dismissed the bail application and directed the trial court to frame charges at the earliest.
Issues considered
- Whether regular bail should be granted to an accused under Sections 25(1‑b)a and 26 of the Arms Act when serious weapons have been recovered.
- Whether the non‑framing of charge is a sufficient ground to grant bail.
- Whether the petitioner’s eight prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)a, 26
Subjects
- regular bail
- Arms Act
- criminal antecedents
- charge framing
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82677 of 2025
Arising Out of PS. Case No.-383 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Subhash Yadav S/O Surat lal Yadav R/O Village-Badi Kothia, ward no. 02,
P.S- Muffasil, Distt.- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar Singh, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Sahebpur
Kamal P.S. Case No.383 of 2024 registered for the offence
punishable under sections 25(1-b)a/26 of the Arms Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 30.04.2025 passed in Criminal
Miscellaneous No.24036 of 2025. The aforesaid order dated
30.04.2025 reads as under:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Sahebpur Kamal P.S. Case No.
383 of 2024 registered for the offence under
Sections 25(1-b)a & 26 of the Arms Act.
3. Two country-made pistols and 12 live
Patna High Court CR. MISC. No.82677 of 2025(3) dt.11-02-2026
2/2
cartridges were recovered from the possession
of the petitioner who is in custody since
18.11.2024.
4. Considering the recovery from the
possession of the petitioner, I am not inclined
to grant bail to the petitioner at this stage.
5. Accordingly, this application for
regular bail is hereby rejected.
6. The petitioner may renew his prayer
for bail if the trial is delayed.”
4. Learned counsel for the petitioner submits
that in this case even the charge has not been framed.
5. Considering the fact that the petitioner has
eight criminal antecedents, I am not inclined to review my
earlier order dated 30.04.2025. Accordingly, this bail application
is dismissed.
6. The Principal District & Sessions Judge,
Begusarai is directed to ensure the framing of charge at the
earliest.
(Sandeep Kumar, J)
pawan/-
U T
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