Patna High Court
Robin Yadav @ Rabeen YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Robin Yadav was arrested in connection with a case registered under Sections 25(1‑B)(a) and 26 of the Arms Act after a country‑made pistol and a live cartridge were allegedly recovered from his possession. The petitioner contended that nothing was actually seized and that the police failed to comply with Section 105 of the BNSS during the seizure. He has been in judicial custody since 2 June 2025 and sought regular bail, while the State opposed the bail on the ground of a prior criminal case. The court examined the alleged procedural lapse and the petitioner’s antecedents, and, finding no compelling reason to deny liberty, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Sub‑Judge‑IV‑cum‑ACJM‑IV, Begusarai.
Issues considered
- Whether regular bail can be granted to the accused in offences punishable under Sections 25(1‑B)(a) and 26 of the Arms Act despite alleged seizure irregularities.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87270 of 2025
Arising Out of PS. Case No.-157 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Robin Yadav @ Rabeen Yadav S/o Late Ram Hari Yadav R/o Mohalla- Gyan
Tol, Ward No 12, P.O And P.S- Sahebpur Kamal, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 25(1-B)(a)
and 26 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner a country made pistol and a live
cartridge was recovered.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of this
petitioner. Learned counsel has further submitted that while
making seizure police has not complied Section 105 of the
BNSS. Learned counsel for the petitioner has submitted that the
petitioner is in judicial custody since 02.06.2025.
Patna High Court CR. MISC. No.87270 of 2025(2) dt.05-01-2026
2/2
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and
has submitted that the petitioner is having criminal antecedent
of one case.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Sahebpur Kamal P.S. Case No. 157 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub-Judge-IV-cum-ACJM-IV, Begusarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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