Patna High Court
Kaju Yadav @ Kaju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Kaju Yadav was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act and Sections 132 and 109(1) of the Bihar Narcotic Substances Act, after a pistol and three live cartridges were allegedly recovered from his possession. The petitioner claimed innocence, argued that nothing was seized from him and that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. He also highlighted his extensive criminal antecedent of thirty‑one cases and his custody since 27‑09‑2025. The State opposed bail, but the court, after considering the procedural lapse and the petitioner’s right to liberty, ordered his release on regular bail with a bond of Rs.10,000 and two sureties, subject to conditions of trial cooperation and weekly attendance at Sabour Police Station. The bail order was directed to be satisfied to the Chief Judicial Magistrate, Banka.
Issues considered
- Whether regular bail can be granted to the petitioner despite the serious nature of the offences under the Arms Act and the Bihar Narcotic Substances Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
- Whether the petitioner’s extensive criminal antecedent and custodial status affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bihar Narcotic Substances Act — s. 105, 109(1), 132
Subjects
- regular bail
- Arms Act
- Bihar Narcotic Substances Act
- procedural lapse
- criminal antecedent
- seizure of weapon
- police procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88943 of 2025
Arising Out of PS. Case No.-363 Year-2025 Thana- RAJAON District- Banka
======================================================
Kaju Yadav @ Kaju Kumar Yadav Son of Arvind Yadav @ Arbind Yadav
Resident of Village - Chhoti(Choti) Ghutiya(Sanjha), P.S. - Rajoun, Dist. -
Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 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, 26
of the Arms Act and Sections 132 and 109(1) of BNS.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol along with
three live cartridges was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The seizure list
witnesses are police personnel and police has not followed
Section 105 of BNSS while preparing the seizure. He has been
Patna High Court CR. MISC. No.88943 of 2025(4) dt.19-03-2026
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framed in this case due to his criminal antecedent. He is having
criminal antecedent of thirty one cases. Moreover, he is
languishing in judicial custody since 27.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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
Rajoun P.S. Case No. 363 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 Chief Judicial Magistrate,
Banka with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date till the conclusion of trial.
(ii) As most of the cases of the petitioner are from
Sabour Police Station, so, he is also directed to mark his weekly
attendance at Sabour P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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