Mithun Kumar Yadav @ Mithun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31756 of 2026 Arising Out of PS. Case No.-284 Year-2025 Thana- BARARI District- Bhagalpur ====================================================== Mithun Kumar Yadav @ Mithun Yadav son of Raghu Yadav Resident Of Village- Surkhilal Durga Sthan Badi Khanjarpur, Ps -Barari, Dist -Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Barari P.S. Case No.284 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 possession of this petitioner, two country made pistol, three live cartridge and one misfired cartridge total four cartridge were recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while
Patna High Court CR. MISC. No.31756 of 2026(2) dt.13-05-2026 2/2 making seizure. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 25.10.2025.
5. The application for bail is opposed by learned APP for the State.
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 court of learned Judicial Magistrate- 1st Class, Bhagalpur, in connection with Barari P.S. Case No.284 of 2025.
(Ashok Kumar Pandey, J) durgesh/- U T