Patna High Court
Shyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
Shyam Yadav, a 64‑year‑old senior citizen with a clean record, applied for anticipatory bail after the police seized weapons and alleged his involvement in offences under Sections 310(4), 310(5), 317(5) of the B.N.S. 2023 and Sections 25(1‑b)A, 26 and 35 of the Arms Act. He contended that he was falsely implicated by an informant, is the father of the alleged mastermind Mithilesh, does not reside at the raided house, and will cooperate with the investigation. The State opposed the bail. The Court, considering his age, clean antecedent and the lack of any indication that he would abscond or tamper with evidence, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the B.N.S.S. The order also allows the trial court to cancel the bail if the petitioner fails to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious charges under the B.N.S. 2023 and the Arms Act.
- Whether the petitioner is likely to abscond, tamper with evidence or otherwise obstruct the investigation.
- Whether the petitioner’s senior citizen status and clean antecedent justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- senior citizen
- false implication
- Arms Act
- narcotic offences
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87772 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- BARABAR TOURIST District- Jehanabad
======================================================
Shyam Yadav S/o- Late Mahavir Yadav R/o Village- Pachwai, PS- Barabar,
(Vishnuganj), Prayatan, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 310(4), 310(5) and
317(5) of B.N.S., 2023 as well as Sections 25(1-b)A, 26 and 35
of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is aged about 64
years and the informant alleges that he received secret
information that 4-5 criminals have gathered in the house of
Mithilesh with an intent to commit crime. Accordingly, police
reached the place of occurrence when accused persons fled and
from the house, six motors of different specification along with
electric and Chinese wire weighing 10 Kg and 5 Kg and one
Patna High Court CR. MISC. No.87772 of 2025(2) dt.21-01-2026
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country made rifle along with 25 feet motor piple were
recovered.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner is father of
Mithilesh. It is also submitted that petitioner is a senior citizen
and has remained a person with clean antecedent all throughout
and in the instant case merely because the police intends to
coerce Mithilesh into submission, as such, also implicated the
petitioner. It is also submitted that petitioner does not reside in
the house where the raid was conducted rather petitioner resides
separately from Mithilesh as has been pleaded at para-9 of the
instant anticipatory bail application. It is further submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner and also taking into consideration the
fact that petitioner is aged about 64 years and has remained a
person with clean antecedent all throughout, let petitioner,
above-named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.87772 of 2025(2) dt.21-01-2026
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learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/Successor Court in connection with Barabar
Paryatan (Vishnuganj) P.S. Case No.88 of 2025, subject to the
conditions as laid down under Section 482(2) of B.N.S.S.
7. It is also made clear that if the Investigating Officer
of the case files an application before the learned Trial Court
bringing to its notice that petitioner, despite giving assurance to
this Court, is not cooperating in the investigation, in that event,
the learned Trial Court shall be at liberty to cancel the bail bond
of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned
Police Station through the learned Trial Court.
(Satyavrat Verma, J)
Sanjay/-
U T
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