Created by Fuzzy Cloud

Patna High Court

Shyam YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.