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Patna High Court

Ganesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding that the inconsistencies in the recovery record and the completed investigation warranted his release on bail.

Summary

Ganesh Yadav was arrested on 23 August 2025 for alleged possession of a loaded pistol, a live cartridge and a submersible water motor, offences under Sections 310(4), 310(5), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner contended that the police seizure memo conflicted with the FIR regarding the time of recovery, arguing that this discrepancy rendered the prosecution case suspicious. He also highlighted that his prior criminal cases dated 2017 were all on bail and that the investigation in the present case had been completed while he had been in custody since 25 August 2025. The State opposed bail, acknowledging the timing discrepancy but maintaining the seriousness of the alleged offences. Considering the inconsistency in the recovery record, the completed investigation, and the petitioner’s prolonged detention, the Court inclined to grant regular bail, ordering release upon furnishing a bail bond of Rs.20,000 with two sureties.

Issues considered

  • Whether the discrepancy between the FIR and seizure memo regarding the time of recovery creates reasonable doubt sufficient to grant bail.
  • Whether the completion of investigation and the petitioner’s prolonged pre‑trial detention justify regular bail despite the seriousness of the offences.
  • Whether the petitioner’s prior criminal antecedents, all of which are pending on bail, affect the grant of bail.

Legislation cited

Subjects

  • regular bail
  • discrepancy in evidence
  • arms possession
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • pre‑trial detention
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86781 of 2025
                 Arising Out of PS. Case No.-95 Year-2025 Thana- BARABAR TOURIST District- Jehanabad
                 ======================================================
                 Ganesh Yadav Son of Late Naresh Yadav Resident of Village - Ghasi Bigha,
                 P.S.- Belaganj, District - Gaya, Bihar.


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Umesh Kumar, Advocate
                 For the State           :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                    Heard Mr. Umesh Kumar, learned counsel for the

                   Petitioner and Mr. Choubey Jawahar, learned APP for the State.

                                  2. Petitioner seeks regular bail in connection with

                   Barabar (Vishunganj) Tourism P.S. Case No. 95 of 2025 dated

                   24.08.2025 registered for the offences punishable under Sections

                   310(4), 310(5) and 317(5) of the Bharatiya Nyaya Sanhita, 2023

                   and Sections 25(1-B)a, 26 and 35 of the Arms Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that a loaded pistol, one live cartridge, and one

                   submersible water motor have been shown by the police as

                   being recovered from the possession of the petitioner on

                   23.08.2025 at approx 11:00 p.m., but in the seizure memo

                   attached to the FIR, the said articles have been shown as being
Patna High Court CR. MISC. No.86781 of 2025(2) dt.09-01-2026
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          recovered on 24.08.2025 at 6:05 a.m. and the said contradiction

          with regard to the time of recovery is sufficient to render the

          prosecution allegation levelled against the petitioner highly

          suspicious. Though against the petitioner there are criminal

          antecedents of three cases but they relate to the year 2017 and,

          in all three cases he is on bail. It is lastly submitted that the

          petitioner has been languishing in jail since 25.08.2025, and

          against him, the investigation has been completed.

                       4. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that there is a serious

          allegation against the petitioner, and firearms were recovered

          from his possession, though he fairly accepts the discrepancy in

          the timing of the recovery mentioned in the FIR and the seizure

          memo.

                       5. In the facts and circumstances of this case, and

          considering the aforesaid submissions and the averments made in

          this application, mainly coupled with the petitioner’s aforesaid

          defence regarding the contradiction between the FIR and the

          seizure memo with respect to the timing of the recovery, and also

          taking into account the petitioner’s custody period and the

          completion of the investigation against him, this Court is inclined

          to release the petitioner on bail. Accordingly, let the petitioner

          named-above be released on bail on furnishing bail bond of Rs.
           Patna High Court CR. MISC. No.86781 of 2025(2) dt.09-01-2026
                                                       3/3




                     20,000/- (Rupees Twenty Thousand) with two sureties of the like

                     amount each to the satisfaction of the concerned Court in

                     connection with Barabar (Vishunganj) Tourism P.S. Case No. 95

                     of 2025.


                                               (Shailendra Singh, J)

maynaz/-

U     T


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