Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5681 of 2026 Arising Out of PS. Case No.-197 Year-2025 Thana- JADIA District- Supaul ====================================================== 1.

Mukesh Yadav S/o Sajjan Yadav Resident of village - Datuaa, Ward No. 10, Police Station - Jadia, District - Supaul 2.

Binod Yadav S/o Bhumi Yadav Resident of village - Dahariya, Ward No. 9, Police Station - Chhatapur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Jadia P.S. Case No. 197 of 2025 instituted for the offence under Sections 25(1-B)(a), 26 & 35 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one country made pistol from the house of petitioner No.1. It is further alleged that petitioner No.1 disclosed that the country made pistol was bought from the petitioner No.2 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.09.2025. Petitioner No.1 bears eight (8) criminal antecedents, whereas petitioner

Patna High Court CR. MISC. No.5681 of 2026(3) dt.24-02-2026 2/3 No.2 bears three (3) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. It is submitted that petitioners have no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioners. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and charge-sheet being submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jadia P.S. Case No. 197 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.5681 of 2026(3) dt.24-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T