Patna High Court
Nand Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail is granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents.
Summary
The petitioner, Nand Kishor Yadav, was arrested in connection with a 2021 FIR alleging violations of Sections 25(1‑b)a, 26(1) and 35 of the Arms Act, based primarily on a statement by co‑accused Md. Khurshid Alam. No weapons or other incriminating material were recovered from the petitioner’s possession or residence. The petitioner claimed innocence and argued that the case against him rests solely on the co‑accused’s disclosure, while the State highlighted four prior criminal antecedents. The High Court examined the lack of direct evidence and the reliance on the co‑accused’s statement, and, despite the antecedents, ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal record. The order directs that bail may be cancelled if the petitioner is found to have concealed his antecedents.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is the co‑accused’s disclosure and no material has been recovered from his possession.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail under the Arms Act offences.
Legislation cited
- Arms Act — s. 25(1-b)a, 26(1), 35
Subjects
- bail
- Arms Act
- criminal antecedents
- co‑accused testimony
- possession of weapon
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86012 of 2025
Arising Out of PS. Case No.-680 Year-2021 Thana- KHAGARIA District- Khagaria
======================================================
Nand Kishor Yadav S/o Late Upandra Yadav R/o Village- Santosh, P.S.-
Alauli, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 19-03-2026 Heard the learned counsel for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Khagaria (Chitragupt Nagar) P.S. Case No. 680 of 2021, F.I.R.
dated 26.08.2021 for the offences punishable under Sections
25(1-b)a, 26(1), 35 of the Arms Act.
3. Recovery is of four country made pistol and one
small keypad mobile phone.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of disclosure made by the co-
accused namely, Md. Khurshid Alam. He further submits that
nothing has been recovered from the conscious possession or
from the house of the petitioner and except the disclosure made
Patna High Court CR. MISC. No.86012 of 2025(3) dt.19-03-2026
2/3
by the co-accused namely, Md. Khurshid Alam, no other cogent
material has come against the petitioner during the investigation
to suggest the involvement of the petitioner in the present
occurrence. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in judicial custody since 23.06.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner on the ground that petitioner carries four criminal
antecedents other than the present one.
6. Considering the aforesaid facts and circumstances,
nothing has been recovered from the conscious possession of
the petitioner and the name of the petitioner has transpired on
the basis of disclosure made by the co-accused namely, Md.
Khurshid Alam, let the petitioner, 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 Chief Judicial Magistrate, Khagaria in connection
with Khagaria (Chitragupt Nagar) P.S. Case No. 680 of 2021,
subject to following condition:-
(1) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
Patna High Court CR. MISC. No.86012 of 2025(3) dt.19-03-2026
3/3
that the petitioner has concealed his criminal antecedents, 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.
(Ritesh Kumar, J)
AjayMishra/-
U
Checking your session…