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Patna High Court

Vishwajeet Kumar Yadav @ Teju @ Teju Yadav @ Vishwajeet KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court declined to grant regular bail to the petitioner.

Summary

The petitioner, Vishwajeet Kumar Yadav, is in judicial custody for alleged violations of Sections 25(1‑b)a and 26 of the Arms Act, involving a loaded pistol and cartridges recovered from his possession. He contends that he has been falsely implicated and that no incriminating articles were found in his conscious possession. He has been in custody since 22‑06‑2024 and previously sought regular bail, which was denied by the Patna High Court on 02‑07‑2025 (Cr. Misc. No. 15717 of 2025). The petitioner filed a fresh bail application, arguing the same grounds. The Court examined the submissions and found no new material or fresh ground to merit a change in its earlier view. Consequently, the Court rejected the petitioner's prayer for regular bail once again.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 25(1‑b)a and 26 of the Arms Act in view of the facts and the absence of fresh ground.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • judicial custody
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9797 of 2026
                        Arising Out of PS. Case No.-116 Year-2024 Thana- SAHAR District- Bhojpur
                 ======================================================
                 Vishwajeet Kumar Yadav @ Teju @ Teju Yadav @ Vishwajeet Kumar S/o
                 Virendra Yadav R/o Village - Tetarya Nawada, P.S - Sahar, District - Bhojpur
                 (Arah)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Chandra Gandhi, Advocate
                 For the Opposite Party/s :        Mr. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody in connection with

                   Sahar P.S Case No. 116 of 2024 from the Court of learned CJM,

                   Bhojpur at Ara registered for the offences punishable under

                   Sections 25(1-b)a and 26 of the Arms Act.

                                3. As per allegation in the FIR, one loaded country

                   made pistol with five live cartridges and twenty live cartridges

                   in the box were recovered from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case and no

                   incriminating articles has been recovered from the conscious

                   possession of the petitioner. It is also submitted that petitioner is
           Patna High Court CR. MISC. No.9797 of 2026(3) dt.25-02-2026
                                                       2/2




                     in judicial custody since 22.06.2024. It is next submitted that

                     earlier prayer for regular bail of the petitioner was rejected by

                     this Court vide order dated 02.07.2025 passed in Cr. Misc. No.

                     15717 of 2025.

                                  5. Since, earlier prayer for regular bail of the

                     petitioner was rejected by this Court vide order dated

                     02.07.2025 passed in Cr. Misc. No. 15717 of 2025. This time

                     also there is no fresh ground to consider his prayer for regular

                     bail of the petitioner.

                                  6. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, I am not

                     inclined to grant regular bail to the petitioner.

                                  7. Accordingly, prayer for regular bail of the petitioner

                     is hereby rejected once again.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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