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Patna High Court

Indradeo Yadav @ Indradev Yadav @ Indresh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it subject to specified conditions.

Summary

Indradeo Yadav applied for anticipatory bail after an FIR was lodged under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act relating to a land‑dispute incident in which his son’s friend, Sourabh Kumar, allegedly fired a pistol. The petitioner argued that the weapon was recovered from the co‑accused, that no overt act was attributed to him, and that he has a clean antecedent. The State opposed the bail, contending that the offences are serious and the petitioner may be involved. The Patna High Court, after considering the submissions and the facts, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order also imposed conditions of personal appearance, cooperation with investigation, and possible cancellation on non‑compliance. The court clarified that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC in a case involving alleged offences under the Arms Act.
  • Whether the evidence disclosed in the FIR sufficiently implicates the petitioner to deny bail.
  • Whether the trial court has the power under Section 482 of the BNSS to intervene in the bail proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Section 438 CrPC
  • Section 482 BNSS
  • firearm offence
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9639 of 2026
                       Arising Out of PS. Case No.-608 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Indradeo Yadav @ Indradev Yadav @ Indresh Prasad S/O Late Sitaram Yadav
                 Resident of Village - Madhopur Math, Post Office- Lakhawar, Police Station-
                 Ghosi, District- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shanker Pankaj, Adv.
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with FIR of Ghosi P.S. Case No. 608 of 2025 dated 02.12.2025

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

                   26, 27 and 35 of the Arms Act.

                                3. As per the prosecution case, the petitioner along

                   with his son was quarreling on account of some land dispute and

                   thereafter, the co-accused, Sourabh Kumar, son of the petitioner

                   took out katta from his waist and opened fire in the air and he

                   was caught by the local villagers and thereafter, the police was

                   called and he was handed over to the police.

                                4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9639 of 2026(2) dt.24-02-2026
                                            2/3




          petitioner has falsely been implicated on account of land

          dispute. It has further been submitted that even as per the F.I.R.,

          the pistol is said to have been recovered from the possession of

          the co-accused, Sourabh Kumar and no specific allegation of

          overt act has been levelled against the petitioner. It has further

          been submitted that the police was handed over the katta and the

          cartridges and the petitioner had no role in the same. It has lastly

          been submitted that the petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          court in connection with FIR of Ghosi P.S. Case No. 608 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the
           Patna High Court CR. MISC. No.9639 of 2026(2) dt.24-02-2026
                                                       3/3




                     following conditions:-

                                   (i) One of the bailors will be a close relative of the

                     petitioner.

                                   (ii) The petitioner shall remain physically present

                     before the concerned Court on each and every date of the trial

                     and shall cooperate in the investigation.

                                   (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                   (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-
U


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