Patna High Court

Suresh Yadav @ Surendra YadavversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding the seizure irregular and the bail conditions sufficient.

Summary

The petitioner, Suresh Yadav, was arrested in connection with an offence under Sections 25(1‑b) a, 26 and 35 of the Arms Act after two pistols and 21 live cartridges were seized from his house. He claimed innocence, arguing that the seizure was irregular because it was conducted jointly by police without following Section 105 of the BNSS, and that there was no independent witness to the seizure list. The petitioner had been in judicial custody since 15‑10‑2025 and pointed out that a co‑accused had already been granted bail in a similar case. The State opposed bail, highlighting the petitioner’s five prior criminal convictions. Considering the lack of clear evidence of possession, the irregularity of the seizure, and the petitioner’s cooperation, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition of appearing before the trial court.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the Arms Act offences
Whether the seizure of the weapons complied with Section 105 of the BNSS
Whether the petitioner’s prior criminal antecedents preclude bail

Legislation cited

Arms Act — s. 25(1‑b) a, 26, 35
BNSS Act — s. 105

Subjects

bail
Arms Act
seizure
Section 105
criminal antecedent
judicial custody
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92003 of 2025
                       Arising Out of PS. Case No.-450 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Suresh Yadav @ Surendra Yadav S/o- Kiro Yadav @ Kiro Prasad Yadav
                 Resident of Village- Morkahi Ward No 05 Post- Hathwan PS- Alauni District-
                 Khagaria



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shekhar Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25 (1-b) a,

                   26 and 35 of the Arms Act.

                                3.     The case of the prosecution is that from the

                   house of this petitioner, two country made pistols and 21 live

                   cartridges were recovered.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.92003 of 2025(2) dt.05-02-2026
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          the alleged recovery has been made from the joint house of the

          petitioner. It is further submitted that in that house, altogether

          15-16 persons are residing. There is no independent witness of

          the seizure list rather they are police personnel. The police

          while making seizure have not followed the mandatory

          provisions of Section 105 of the BNSS. The seizure was made

          jointly and it is not clear as to from whose possession, what

          was recovered. Moreover, the petitioner is languishing in

          judicial custody since 15.10.2025. It has also been submitted

          that other co-accused person has already been granted bail by

          this court vide Cr. Misc. No. 84843 of 2025.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail stating that the

          petitioner has five criminal antecedent.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Alauli P.S. Case No. 450 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Khagaria with a condition that the

          petitioner shall cooperate in trial and shall remain
            Patna High Court CR. MISC. No.92003 of 2025(2) dt.05-02-2026
                                                        3/3




                      physically present before the learned trial court on each

                      and every fixed date.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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Shekhar Kumar Singh