Patna High Court
Hridya yadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Hridya Yadav, sought bail fearing arrest in a case (PS Ramgarhwa No.348 of 2025) involving alleged possession of illegal arms. The prosecution alleged recovery of a country‑made pistol, a rifle, and magazines from the petitioner’s room, charging him under Sections 25(1‑b)a, 26, 35 and 29 of the Arms Act. The petitioner contended he was innocent and that the weapons were actually recovered from his nephew, a known criminal. The Court examined the seriousness of the arms recovery and, finding the circumstances grave, declined to grant bail. The bail application was dismissed and the petitioner was ordered to surrender within four weeks, failing which the police would be directed to arrest him.
Issues considered
- Whether bail should be granted to the petitioner in an offence under the Arms Act involving recovery of illegal firearms and ammunition.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 29, 35
Subjects
- bail
- Arms Act
- illegal weapons
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88544 of 2025
Arising Out of PS. Case No.-348 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Hridya yadav Son of Kailash Yadav Resident of Village - Binwaliya, P.S. -
Ramgarhwa, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Ramgarhwa P.S. Case No. 348 of 2025
registered for the offence under Section 25(1-b)a, 26, 35 and 29
of the Arms Act.
3. As per the prosecution case, the recovery is of
one country made pistol with empty cartridge, one magazine
with empty cartridge, another country made pistol and one rifle
from the room of the petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Learned counsel for the petitioner
Patna High Court CR. MISC. No.88544 of 2025(2) dt.15-01-2026
2/2
further submits that the arms have not been recovered from the
petitioner and the same have been recovered from the nephew of
the petitioner, who is a criminal.
5. Considering the recovery of illegal arms and
magazine, this Court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is dismissed.
7. The petitioner is directed to surrender within
four weeks from today and pray for regular bail failing which
the Superintendent of Police, East Champaran will take all steps
for arrest of the accused person/s including the petitioner.
(Sandeep Kumar, J)
Vikas/-
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