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Patna High Court

Sachin Kumar Yadav @ Sachin KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The bail application is allowed and the petitioner is released on bail.

Summary

Sachin Kumar Yadav was arrested in connection with PS Maharajganj case no. 519 of 2025 for alleged violations of Sections 25(1‑B)(a), 26 and 35 of the Arms Act, 1959, based on a police recovery of a pistol, cartridges and a phone. He filed a bail application claiming innocence, alleging that the recovery was fabricated and that the mandatory audio‑video recording under Section 105 of the Bihar National Security Act, 2023 was not complied with. The State opposed bail but did not dispute the petitioner’s contentions. The Court observed the procedural lapse but found no likelihood of the petitioner fleeing, tampering with evidence, or obstructing the trial, noting the heavy docket and the completed charge‑sheet. Consequently, the Court granted bail with a bond of Rs. 25,000 and several conditions, while clarifying that the order does not comment on the merits of the case.

Issues considered

  • Whether bail should be granted to an accused under the Arms Act when the seizure memo fails to comply with Section 105 of the BNSS 2023.
  • Whether there is a risk of the accused fleeing, tampering with evidence, or obstructing the trial warranting denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 105 BNSS
  • procedural lapse
  • trial delay
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91317 of 2025
                    Arising Out of PS. Case No.-519 Year-2025 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
                 Sachin Kumar Yadav @ Sachin Kumar S/O Keshonarayan Yadav Resident of
                 Village - Mahuari, P.S- Maharajganj, Dist.- Siwan.

                                                                                  ... ... Petitioner.
                                                      Versus
                 The State of Bihar

                                                         ... ... Opposite Party.
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Dhananjay Kumar Shahi, Advocate.
                 For the State          :        Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 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 Maharajganj PS case no. 519 of

                   2025 registered for the offences under Sections 25(1-B) (a), 26

                   and 35 of the Arms Act, 1959, 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.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 submitted that as per the

                   prosecution case on the basis of secret information, police

                   apprehended the petitioner and shown recovery of one country

                   made pistol, two live cartridges and one Android phone from his

                   possession. Much emphasis has been given by contending that
Patna High Court CR. MISC. No.91317 of 2025(2) dt.15-01-2026
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          alleged recovery has been planted by the police. There is no

          independent public witness of the recovery and even mandatory

          provisions of Section 105 of BNSS 2023 with regard to

          recording of search and seizure through Audio-Video Electronic

          Means have not been complied with. The petitioner, has

          criminal history of one case in which he is on bail. Averments in

          this regard have been mentioned in paragraph no.3 of the bail

          application. 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 24.10.2025 and in case

          he is released on bail, he will not misuse the liberty of bail and

          cooperate with the trial.

                       4.Per contra, learned Additional Public Prosecutor for

          the State opposed the prayer for bail of the petitioner reiterating

          the prosecution case as mentioned in F.I.R. but she does not

          dispute the averment made in bail application and the

          submission made at the bar on behalf of the petitioner.

                     5.Having heard the submissions of learned counsel for

          the parties and perused the record, I find that seizure memo does

          not indicate the compliance of Section 105 of the BNSS. The

          investigation has been completed and charge-sheet has been
Patna High Court CR. MISC. No.91317 of 2025(2) dt.15-01-2026
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          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.

                  6. 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.

                 7.Accordingly, the bail application of the petitioner stands

          allowed.

                  8.Let the petitioner, namely, Sachin Kumar Yadav @

          Sachin Kumar, 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 the following

          conditions:-
Patna High Court CR. MISC. No.91317 of 2025(2) dt.15-01-2026
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          (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.

                    9.It is clarified that anything said in this order is limited

          to the purpose of determination of this bail application and will
             Patna High Court CR. MISC. No.91317 of 2025(2) dt.15-01-2026
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                       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.

                                    10.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)

P.S./-

U        T


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