Patna High Court
Vivekanand YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions, subject to verification of his criminal antecedents.
Summary
Vivekanand Yadav was arrested in connection with a case registered under Sections 25(1‑B)a and 26 of the Arms Act after a country‑made pistol and three live cartridges were recovered from his joint house. The petitioner contended that he had no conscious possession of the weapons, that the search and seizure were not conducted in accordance with law, and that he was falsely implicated. He had been in custody since 4 November 2025. The State opposed his bail application, citing the seriousness of the offence. The court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)a and 26 of the Arms Act where the alleged weapons were recovered from a joint house and the search may not have complied with procedural requirements.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- illegal possession
- search and seizure
- criminal procedure
- regular bail
- joint house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9202 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Vivekanand Yadav S/o- Anil Kumar Yadav Resident of village- Usari, P.S-
Gogri District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandan Kumar Singh
For the Opposite Party/s : Mr.Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Gogri P.S. Case No. 287 of 2025, registered
for the offences punishable under Sections 25(1-B)a, 26 of Arms
Act.
3. As per allegation, one country-made pistol and
three live cartridges were recovered from the house of the
petitioner.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. Nothing was recovered from his conscious
possession. The house wherefrom the country-made pistol and
Patna High Court CR. MISC. No.9202 of 2026(2) dt.26-02-2026
2/2
cartridges were recovered, is joint house of the petitioner. The
procedure of search and seizure was not followed. The
petitioner is under custody since 04.11.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Khagaria in connection with Gogri P.S.
Case No. 287 of 2025, subject to the condition that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
7. Before accepting the bail bond of the petitioner,
the learned court below shall verify his criminal antecedent
and if it is found that he is involved in any other case except
the case, as mentioned in para-3 of the bail petition, his bail
bond shall not be accepted.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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