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Patna High Court

Rohit Kumar Yadav @ Rohit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to a bond and specific conditions.

Summary

Rohit Kumar Yadav was arrested on 30 June 2025 in Buxar for alleged violations of the Arms Act (Sections 25(1‑b)a, 26, 35) and the Bharatiya Nyay Sanhita, 2023 (Sections 111, 112) after a pistol, magazine and four live cartridges were recovered from his possession. He applied for bail, claiming innocence and alleging non‑compliance with Section 100 of the Cr.P.C./Section 103 of the BNSS in the investigation. The prosecution opposed bail, citing the recovery of the weapon from the petitioner and a prior criminal antecedent. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of any concealed criminal antecedent. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the arms offences and the recovery of a firearm from his possession.
  • Whether the investigation complied with the procedural requirements of Section 100 of the Cr.P.C. and Section 103 of the Bharatiya Nyay Sanhita.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

Subjects

  • bail
  • arms offence
  • illegal possession of firearm
  • criminal antecedent
  • Bharatiya Nyay Sanhita
  • procedural compliance
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83276 of 2025
                        Arising Out of PS. Case No.-359 Year-2025 Thana- BUXAR District- Buxar
                 ======================================================
                 Rohit Kumar Yadav @ Rohit Yadav S/o- Shiv Narain Yadav Resident of
                 Village- Ahirauli, PS- Buxar Industrial Area District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mayuri, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   17-01-2026                          Heard Ms. Mayuri, learned counsel for the

                   petitioner as well as Dr. Ajeet Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.06.2025 in connection with Buxar (Town) P.S. Case No. 359

                   of 2025, F.I.R. dated 30.06.2025 for the offences punishable

                   under Sections 25(1-b)a, 26, 35 of Arms Act and Section 111,

                   112 of the Bharatiya Nyay Sanhita, 2023.

                               3.       According       to    prosecution        case,on         secret

                   information,       police     reached      place      of    occurrence          and

                   apprehended the petitioner and other co-accused person and

                   recovered one country made pistol with one magazine in which

                   four live cartridges.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.83276 of 2025(3) dt.17-01-2026
                                            2/3




          petitioner is innocent and he has falsely been implicated in the

          present case. It appears from the FIR and seizure list that one

          country made pistol with one magazine and four live cartridges

          were recovered from the possession of the petitioner. He further

          submits that there is non-compliance of Section 100 of

          Cr.P.C/103 of BNSS and the police after investigation submitted

          the charge sheet and the petitioner is in custody since

          30.06.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the recovery has been made from the possession of

          the petitioner and apart from that the petitioner carries one

          criminal antecedent other than the present one but fairly submits

          on the basis of paragraph-3 of the bail application that the

          petitioner is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Sessions Judge, Buxar in

          connection with Buxar (Town) P.S. Case No. 359 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.83276 of 2025(3) dt.17-01-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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