Patna High Court
Rohit Kumar Yadav @ Rohit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 111, 112
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
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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
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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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