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Patna High Court

Raja YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted because there was no likelihood of the petitioner fleeing, tampering with evidence, or misusing liberty, despite the procedural lapse and his criminal history.

Summary

Petitioner Raja Yadav was arrested on 26 April 2025 after police recovered a country-made pistol and live cartridges from him during a vehicle check, and he allegedly planned a loot of maize. He applied for bail, claiming innocence, lack of independent witnesses, and non‑compliance with Section 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, which mandates audio‑video recording of searches. The State opposed bail, citing his prior involvement in 14 cases and arguing that his criminal history warranted denial. The Court noted that the maximum punishment for the alleged offences under the Arms Act is seven years, the investigation is complete, there is no risk of witness tampering or flight, and procedural lapses do not outweigh the bail considerations. Consequently, the Court allowed the bail application, directing release on a bond of Rs. 25,000 with two sureties and imposing standard bail conditions.

Issues considered

  • Whether bail should be granted to the accused under Sections 25(1‑b)/a, 26 and 35 of the Arms Act despite alleged procedural violations under Section 105 of the BNSS, 2023.
  • Whether the petitioner’s prior criminal history of 14 cases justifies denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 105 BNSS
  • criminal history
  • procedural compliance
  • non‑bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91255 of 2025
                        Arising Out of PS. Case No.-72 Year-2025 Thana- RUPAULI District- Purnia
                 ======================================================
                 Raja Yadav S/o- Harinandan Yadav @ Budhan Yadav Vill- Shyam, Ward no-
                 10, P.S- Gawalpara, Distt- Madhepura
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Pallavi
                                                  Mr.Manoj Kumar Pandey
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026              1. By means of this bail application, petitioner, who is

                   involved in connection with Rupauli P.S. Case No. 72 of 2025

                   registered for the offences under Sections 25(1-b)/a, 26,35 of the

                   Arms Act seeks enlargement on bail during the pendency of

                   trial.

                            2. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor representing the State.


                            3. Brief facts of the case which are required to be stated

                   are that on the basis of self statement of informant Abhishekh

                   Kumar, S.H.O., Rupauli Police Station, this case was registered

                   stating inter alia that on 26.04.2025 at about 05:30 a.m., he

                   along with other members of police patrolling team have moved

                   out for implementing a crime control drive. During vehicle

                   checking drive, they saw that two persons coming on
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          motorcycle from Mohanpur towards Rupauli but on giving

          signal to stop, they started escaping. The police team chased and

          apprehended one of them whereas another escaped away. The

          person apprehend has disclosed his name as Raja Yadav

          (petitioner) and on his personal search, a country made pistol

          and live cartridges were recovered. On being interrogated, Raja

          Yadav (petitioner) has disclosed the name of his accomplice as

          Ganesh Rishideo @ Dhatal @ Baba ji and also disclosed that

          they were planning to commit loot of maize.


                  4. It is argued by learned counsel for the petitioner that

          petitioner is innocent and he has been falsely implicated in this

          case due to ulterior motive. It is further argued that there is no

          independent public witness of recovery of pistol and live

          cartridges shown by the police from the possession of the

          petitioner. Much emphasis have been given by contending that

          mandatory provisions of Section 105 of the BNSS have not been

          complied with by the police which provides the recording of

          search and seizure through audio-video electronic means. The

          said procedure has not been done in the present case. Learned

          counsel for the petitioner next submits that the petitioner has

          been earlier falsely implicated in 14 cases by the police and on

          the basis of said cases, bail application of the petitioner has been
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          rejected. In this regard, it is pointed out that out of 14 cases, in 8

          cases, petitioner is on bail. Averments in this regard have been

          mentioned in paragraph no. 3 of the bail application. It is also

          submitted that in the light of judgment of the Hon’ble Apex

          Court in the case of Prabhakar Tewari Vs. State of U.P.

          reported in (2020) 11 SCC 648, bail of the accused cannot be

          rejected in such matters on the ground of his criminal history.

          Several other submissions in order to demonstrate the falsity of

          the allegations made against the petitioner have also been placed

          forth before the Court. Lastly, it is submitted that petitioner is

          languishing in jail since 26.04.2025 and in case he is released on

          bail, he will not misuse the liberty of bail and cooperate with the

          trial.

                   5. On the other hand, learned Additional Public

          Prosecutor for the State opposed the prayer for bail of the

          applicant reiterating the prosecution case as mentioned in F.I.R.

          by contending that since petitioner has criminal history of 14

          cases, therefore his bail application is liable to be rejected but he

          could not dispute that the mandatory provisions of Section 105

          of the BNSS, 2023 has not been complied.

                   6. Having heard the submissions of learned counsel for

          the parties and perused the record, I find that maximum
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          sentence for the alleged offence is up to 7 years. The

          investigation has been completed and charge-sheet has been

          submitted against the petitioner. Now there is no possibility of

          tampering with the witnesses. Due to heavy docket of the cases,

          the possibility of conclusion of trial of the petitioner in near

          future is very bleak. There is no chance of the petitioner, of

          fleeing away from the judicial process or tampering with the

          prosecution evidence. As on date there is no material on record

          to presume that there is danger, of course, of justice being

          thwarted by grant of bail to the petitioner.

                  7. In view of the above, without entering into merit of the

          case, keeping in view the nature of the offence, evidence,

          severity     of    punishment,          complicity   of   the   petitioner,

          submissions of the learned counsel for the parties made at the

          bar and reasons as noted above, this Court is of the opinion that

          the petitioner is liable to be released on bail.

                  8. Accordingly, the bail application of the petitioner

          stands allowed.

                  9. Let the petitioner namely, Raja Yadav be released on

          bail in the aforesaid case on furnishing bail bond of Rs. 25,000/-

          (Rupees Twenty Five Thousand only) with two sureties each in

          the like amount to the satisfaction of the Court concerned with
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          the following conditions:-

                  (i) That the petitioner shall cooperate with the expeditious

          disposal of the trial and shall regularly attend the Court unless

          inevitable. Two consecutive default in putting appearance shall

          lead to an action towards cancellation of the bail bond of the

          petitioner.

                  (ii) That the petitioner shall not directly or indirectly

          make any inducement, threat or promise to any person

          acquainted with the facts of the case so as to dissuade him from

          disclosing such facts to the Court or to any police officer or

          tamper with the evidence.

                  (iii) That the petitioner shall not directly or indirectly

          involve in any criminal activity after being released on bail.

                  (iv) In case, at any stage it is found that the petitioner has

          disclosed his incomplete criminal history before this Court,

          learned Court below shall cancel the bail bonds of the petitioner

          after hearing him and getting satisfied that the petitioner has

          concealed his criminal antecedents despite his knowledge of the

          same.

                  (v) In case, it is brought to the notice of the Court below

          that statement regarding previous bail petition is wrong, learned

          Court below shall cancel the bail bonds of the petitioner.
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                               10. It is clarified that anything said in this order is limited

                       to the purpose of determination of this bail application and will

                       in no way be construed as an expression on the merits of the

                       case. The trial court shall be absolutely free to arrive at its

                       independent conclusions on the basis of evidence led unaffected

                       by anything said in this order.

                               11. The trial Court shall make an endeavour to conclude

                       the trial of the petitioner expeditiously without granting

                       unnecessary adjournment to either of the parties.


                                              (Sanjay Kumar Singh , J)

Saif/-

U        T


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