Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1770 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- CHAKAND District- Gaya ====================================================== Awadhesh Yadav S/O Harihar Yadab R/O Village - Bansibigha, P.s.- Belaganj, District -Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chakand P.S. Case No. 39 of 2025, lodged on 29.01.2025, under Sections 318(4), 338, 336(3) & 340(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25(1-B) (a) & 26 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 02.06.2025 passed in Cr. Misc. No. 34171 of 2025. Counsel further submits that the present case primarily relates to an offence under the Arms Act, as the petitioner was found in possession of arms with a fake licence. Counsel further submits that the petitioner has been in custody since 30.01.2025 and

Patna High Court CR. MISC. No.1770 of 2026(2) dt.16-01-2026 2/2 nearly one year of custody is about to lapse.

4. Learned counsel further submits that, at the time of rejection of the earlier bail application, liberty was granted to the petitioner to renew his prayer for bail after completion of ten months of custody in the event the trial did not conclude within the said period. Learned counsel also submits that, according to his information, charges have not been framed till date.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Additional Chief Judicial Magistrate Vth, Gaya, in connection with Chakand P.S. Case No. 39 of 2025, subject to the following conditions as laid down under Section 480(3) of the BNSS.

(Dr. Anshuman, J.) Aman Kumar/- U T