Patna High Court
Arun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Arun Yadav was arrested in connection with a theft and illegal arms case (Sections 331(4), 305 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1‑b)(a) of the Arms Act). The prosecution alleged that a lock was broken, a gold ring and payal were stolen, and a gun, sword and cutting machine were left behind, and that Yadav was implicated through a co‑accused's confessional statement. Yadav contended that he was not named in the FIR, no incriminating material was found on him, and the allegation was based solely on suspicion, despite having seven prior criminal antecedents. The State opposed bail, while the petitioner’s counsel highlighted that a co‑accused had already been granted bail. Considering the lack of direct evidence, the period of custody, and the principle of bail, the Court inclined to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions. The order directed his release after framing of charge, if not already done, and stipulated conditions for appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
Legislation cited
- Arms Act — s. 25(1-b)(a)
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- theft
- illegal arms possession
- suspect evidence
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8408 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Arun Yadav Son of Lt. Nathun Yadav Resident Of Village - Bandhu Bigha,
P.S. - Shakrubad, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Shakurabad P.S. Case No. 33 of 2025, instituted for the offences
punishable under Sections 331(4), 305 of the Bharatiya Nyaya
Sanhita, 2023 and Section 25(1-b)(a) of the Arms Act.
3. The prosecution case, in short, is that the informant
received information on 06.02.2025 that the lock of village
house was broken. Upon visiting, he found that a golden ring
and a payal were stolen, and a gun, sword and cutting machine
were left behind by the culprits.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.8408 of 2026(2) dt.04-02-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner is not named in
the FIR. Name of the petitioner has transpired in this case on the
basis of confessional statement made by co-accused, namely,
Munna Kumar and the same has got no evidentiary value. It is
next submitted that the petitioner has been arrested only on the
basis of suspicion. The allegation levelled against the petitioner
is general and omnibus in nature. The petitioner is in custody
since 08.06.2025 and has got seven criminal antecedents.
Learned counsel for the petitioner further submits that other co-
accused has been granted regular bail by this Court vide order
dated 14.10.2025 passed in Cr. Misc. No. 50804 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
Patna High Court CR. MISC. No.8408 of 2026(2) dt.04-02-2026
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like amount each to the satisfaction of Court below/concerned
Court in connection with Shakurabad P.S. Case No. 33 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(III) The petitioner will not tamper with the evidence
or with the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the
prosecution will have liberty to file appropriate application for
cancellation of bail of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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