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Patna High Court

Sandip YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

Sandip Yadav, arrested during a police raid at Dinesh Yadav’s house, sought bail for offences under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 25(1‑aa), 26 and 35 of the Arms Act, 1959. The prosecution alleged recovery of a mobile phone from the petitioner, while arms were seized from the raid location, and highlighted his two prior criminal antecedents. The petitioner contended he was falsely implicated, had no arms in his possession, and pointed to bail being granted to co‑accused in similar cases. The State opposed bail. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, future offences, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused under the Bharatiya Nyaya Sanhita and the Arms Act despite prior criminal antecedents and lack of arms in his possession.
  • Whether the bail decisions in analogous cases involving co‑accused are determinative for the present application.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • pre‑trial detention
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83765 of 2025
                 Arising Out of PS. Case No.-187 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Sandip Yadav, S/o Late Surendra Yadav @ Late Surendra Kumar Yadav, R/o
                 Village- Dalsagar, P.S- Buxar Industrial in the District of Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                 ORAL ORDER


2   05-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner, who is in custody, seeks bail in

                   connection with Buxar Industrial P.S. Case No. 187 of 2025

                   registered for the offences punishable under Sections 310(4),

                   310(5) of the         Bharatiya Nyaya Sanhita, 2023 and Sections

                   25(1-b)a, 25(1-aa), 26, 35 of the Arms Act, 1959.

                                 3. As per the prosecution case, the police conducted a

                   raid in the house of one Dinesh Yadav where accused Dinesh

                   Yadav and his brother were apprehended. Four persons were

                   seen trying to escape, however, they were also apprehended and

                   among them the petitioner was one of the accused. It has been
Patna High Court CR. MISC. No.83765 of 2025(2) dt.05-01-2026
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          alleged that there was recovery of one mobile phone from the

          petitioner, while arms were recovered from the house of Dinesh

          Yadav.

                       4. The learned counsel for the petitioner submits that

          the petitioner has been falsely implicated and he has no concern

          whatsoever with the recovery of arms. It has been submitted that

          the petitioner has two criminal antecedents and since he was

          apprehended at the place of occurrence, he has been implicated

          in a case where neither recovery of arms was made from his

          conscious possession, nor any tools for making any illegal arms

          were recovered from the petitioner. It has next been submitted

          that similarly situated co-accused persons, namely, Anup

          Paswan, Dayanand Yadav and Durgesh Upadhyay have been

          granted privilege of bail by different Co-ordinate Benches of

          this Court in Cr. Misc. Nos. 82849 of 2025, 83898 of 2025 and

          83328 of 2025 vide order dated 08.12.2025, 11.12.2025 and

          03.12.2025 respectively.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submissions made by the

          parties, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.83765 of 2025(2) dt.05-01-2026
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          sureties of the like amount each to the satisfaction of the learned

          court below where the case is pending/successor court in

          connection with Buxar Industrial P.S. Case No. 187 of 2025,

          subject to the following conditions:-

                                       (i) One of the bailors of the petitioner
                          shall be his close relative and the other shall be
                          local resident.
                                       (ii) The petitioner shall remain physically
                          present in Court on each date of the trial.
                                       (iii)     In   case     of   absence   on   two
                          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.
                                       (iv) If the petitioner is found involved in
                          similar nature of offence in future, the prosecution
                          shall be at liberty to move for cancellation of his
                          bail bond.
                                       (v) The learned 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.

                       7. Accordingly, the prayer for bail is allowed.
              Patna High Court CR. MISC. No.83765 of 2025(2) dt.05-01-2026
                                                          4/4




                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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