Patna High Court
Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner is entitled to regular bail and granted it subject to conditions prescribed under the Bharatiya Nyaya Sanhita, 2023.
Summary
Arvind Kumar Yadav was arrested in connection with a case registered on 10‑11‑2024 under Sections 109, 118(1), 3(5) & 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner’s anticipatory bail and an earlier regular bail application had both been rejected, and he had been in custody since 10‑03‑2025. The charge was framed on 17‑12‑2025 and the trial was set to proceed to the evidence stage. The petitioner sought regular bail, arguing that he had complied with procedural requirements and that the trial was still at an early stage. The Court examined the statutory provisions governing bail and, considering the nature of the offences and the petitioner’s custody, granted regular bail subject to stringent conditions, including a bail bond of Rs 30,000, a family bailor, regular appearance before the trial court and police station.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 for the offences alleged.
- Whether the conditions imposed under Section 480(3) of the Bharatiya Nyaya Sanhita are appropriate in the present case.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 2(1)(d), 3(5), 480(3), 61(2)
Subjects
- regular bail
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84834 of 2025
Arising Out of PS. Case No.-325 Year-2024 Thana- JAYNAGAR District- Madhubani
======================================================
Arvind Kumar Yadav S/O Dev Narayan Yadav Resident of village-
Chhaparadhi, P.S.- Khajauli, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Jaynagar P.S. Case No. 325 of 2024 lodged on 10.11.2024, for
the offence punishable under Sections 109, 118(1), 3(5) & 61(2)
of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the
Arms Act.
3. Learned counsel for the petitioner submits that the
anticipatory bail application of the petitioner was earlier rejected
vide order dated 07.03.2025 passed in Cr. Misc. No. 8216 of
2025 and his regular bail application was earlier rejected vide
order dated 02.06.2025 passed in Cr. Misc. No. 34141 of 2025.
Counsel submits that the petitioner is in custody since
10.03.2025 and there is allegation against the petitioner under
Patna High Court CR. MISC. No.84834 of 2025(3) dt.25-02-2026
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section 109 of the B.N.S. Counsel submits that on earlier
occasion, report with regard to the present stage of the trial was
called for and from the said report, it transpires that charge has
been framed on 17.12.2025, summon has been issued against
the witnesses and the case is fixed for evidence.
4. Learned APP for the State opposes the prayer for
bail of the petitioner.
5. In the present facts and circumstances of this case,
let the above named petitioner be granted bail, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Chief Judicial Magistrate, Madhubani in
connection with Jaynagar P.S. Case No. 325 of 2024, subject to
the conditions as laid down U/s 480(3) of the B.N.S.S., 2023
with the following further conditions:-
I. one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
II. the petitioner shall appear before the Trial Court on
each and every scheduled date, and failure to do so for three
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of his bail bonds by the Trial Court
Patna High Court CR. MISC. No.84834 of 2025(3) dt.25-02-2026
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itself;
III. the petitioner shall appear before the concerned
police station for two years, within every fortnight, to mark his
attendance.
(Dr. Anshuman, J)
Divyansh/-
U T
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