Patna High Court
VIJAY YADUNANDAN YADAV @ VIJAY YADAV @ VIJAY KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a bond, sureties, and attendance conditions.
Summary
The petitioner, Vijay Yadav, was arrested on 31 October 2025 in connection with a case involving the illegal possession of a loaded pistol, live cartridges, and a fired shell, alleged under Sections 25(1‑b)a, 26 and 35 of the Arms Act. He applied for bail, claiming innocence and a clean criminal record. The court examined the facts, the length of his custody, and his alleged lack of antecedents. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station on the first Sunday of each month. The court also ordered verification of his antecedent before accepting the bail bond and clarified that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act considering the nature of the offence and the period of custody.
- Whether the petitioner’s claim of a clean antecedent warrants bail without further conditions.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- illegal weapons
- criminal antecedent
- court conditions
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91029 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
VIJAY YADUNANDAN YADAV @ VIJAY YADAV @ VIJAY KUMAR
YADAV S/o Yadunandan Yadav R/o vill- Jati Bhagwanpur, P.S.- Rajgir,
Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rajgir P.S. Case No. 222 of 2025 / G.R. No. 2242 of 2025
registered for the offence under Sections 25(1-b)a, 26, 35 of the
Arms Act.
3. As per the prosecution case, the recovery is of
illegal arms and ammunition including one loaded country made
pistol, six live cartridges and one fired shell which were
recovery from the petitioner’s room.
4. The petitioner is in custody since 31.10.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.91029 of 2025(3) dt.12-05-2026
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case. He further submits that the petitioner has no criminal
antecedent.
6. Considering the facts of the case and the period
of custody of the petitioner, this application is allowed.
7. Let the petitioner, above named, 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
the learned concerned Court below in connection with Rajgir
P.S. Case No. 222 of 2025 / G.R. No. 2242 of 2025.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Rajgir Police Station on first Sunday of each month. Any default
in appearance at the police station will result in cancellation of
bail bonds of the petitioner.
9. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
Patna High Court CR. MISC. No.91029 of 2025(3) dt.12-05-2026
3/3
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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