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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner on the condition of a bail bond and two sureties.

Summary

The petitioner, Pappu Yadav, was arrested after a police raid at Dinesh Yadav's residence where an iron musket, a loaded pistol, and cartridges were recovered, leading to charges under Sections 25(1‑B)(a) and 26 of the Arms Act. He had been in custody for about one and a half years, with a charge‑sheet already filed and no allegation of evidence tampering. The petitioner, already on bail in three of six other cases, applied for regular bail, undertaking to cooperate in the trial. The State opposed the bail, citing the seriousness of the offences. The Court, considering the length of custody and the circumstances, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, and allowed the application.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 25(1‑B)(a) and 26 of the Arms Act despite the seriousness of the alleged offences and the duration of pre‑trial detention.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • pre‑trial detention
  • surety
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91622 of 2025
                      Arising Out of PS. Case No.-26 Year-2024 Thana- NADI P.S. District- Bhagalpur
                 ======================================================
                 Pappu Yadav S/o Madan Mohan Yadav R/o village- Dhodiya, P.S. - Nadi,
                 Dist.- Bhagalpur

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Davendra Kumar Pandey
                 For the Opposite Party/s :        Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   03-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nadi P.S. Case No. 26 of

                   2024 dated 18.10.2024 registered for the offences punishable

                   under Sections 25(1-B)(a) and 26 of Arms Act.

                                3. As per the allegation, the police got an information

                   that this petitioner is concealing himself at the Basa of one

                   Dinesh Yadav, then a raid was conducted at the house of Dinesh

                   Yadav, petitioner was apprehended from the said Basa. It has

                   been alleged that upon search of the petitioner, one iron country-

                   made musket was recovered, which was found hanging on his

                   shoulder, a loaded iron country-made pistol and a Bindoliya

                   containing seven cartridges were recovered.
           Patna High Court CR. MISC. No.91622 of 2025(4) dt.03-04-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     petitioner is in custody since 18.10.2024 i.e. about one and a

                     half years, the case is triable by the court of learned Magistrate

                     and the petitioner undertakes to co-operate in the trial. It has

                     been further alleged that charge-sheet have been submitted and

                     there is no allegation of tampering. Learned counsel for the

                     petitioner has further submitted that although petitioner is in

                     accused in six cases, but is on bail in three of them.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Considering the facts and circumstances of the case

                     as well as the period of custody, the petitioner above-named is

                     directed to be enlarged on bail on furnishing bail-bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned Court concerned,

                     Bhagalpur, Naugachhia in connection with Nadi P.S. Case No.

                     26 of 2024.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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