Mohan Kumar Yadav @ Sunil Yadav @Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6702 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Mohan Kumar Yadav @ Sunil Yadav @Sunil kumar Yadav, S/o- Shiv Kumar Yadav, R/o village - Hariyari , P.s- Phulparas , District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Phulparas P.S. Case No. 415 of 2025 registered for the offence punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The case of the prosecution, in short, is that from the joint house of the petitioner and his father, altogether 39 live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that there is allegation against the father of the petitioner of making firing on

Patna High Court CR. MISC. No.6702 of 2026(2) dt.10-02-2026 2/2 Mahesh Yadav in Phulparas P.S. Case No. 413 of 2025. It has further been submitted that the house is joint one and the father is main accused in Phulparas P.S. Case No. 413 of 2025. It has also been submitted that nothing has been recovered from his possession. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 01.10.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail has submitted that petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Jhanjharpur in connection with Phulparas P.S. Case No. 415 of 2025.

(Ashok Kumar Pandey, J) lata/- U T