Patna High Court
Upendra Singh @ Upendra Singh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Upendra Singh Yadav, was arrested in connection with an alleged offence under Sections 25(1‑b)a, 26, 35 and 37 of the Arms Act arising from an incident on 27 March 2024 in which co‑accused allegedly brandished a pistol and three cartridges and a motorcycle were recovered. The petitioner contends that he is an informant falsely implicated due to political rivalry and that the charges are fabricated. He has been in custody since 19 November 2025 and filed an application for regular bail. The State opposed the bail on the ground of the seriousness of the arms offences. The Court, after considering the nature of the accusation and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Arms Act for serious offences.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35, 37
Subjects
- bail
- Arms Act
- regular bail
- political rivalry
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89138 of 2025
Arising Out of PS. Case No.-44 Year-2024 Thana- DHANSOI District- Buxar
======================================================
Upendra Singh @ Upendra Singh Yadav Son of Late Kedar Singh Resident of
Mohalla -Panapur PS- Dhansoi Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pathak
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case, registered for
the offence punishable under Sections 25(1-b)a, 26, 35, 37 of
the Arms Act.
3. Prosecution case, in brief, is that on 27.03.2024 at
9:30 AM, when informant along with Harendra Singh and Raj
Mohan Singh was sitting at his door, co-accused Rahul
Chaudhary and Rajesh Chaudhary came there and told him to
sign on a paper. It is alleged that co-accused Rahul Chaudhary
pointed country made pistol on the informant and when
informant and others tried to stop him, he fell down, sustained
minor injury and got caught. Upon search, three cartridges of
315 bore and a Passion Pro motorcycle was recovered.
Patna High Court CR. MISC. No.89138 of 2025(2) dt.12-02-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to political rivalry. As a matter of fact, petitioner is
informant of this case and has been made accused in this case
during investigation at the behest of political enemies. An
altercation broke out when the benefit of scheme was refused by
the daughter-in-law of petitioner, who is Mukhiya of Panchayat.
Petitioner is in custody since 19.11.2025. Chargesheet has been
submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Court No. 12, Buxar in connection with Dhansoi
P.S. Case No. 44 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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