Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 25(1-B)(a), 26
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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