Shashi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42722 of 2026 Arising Out of PS. Case No.-111 Year-2026 Thana- VISHNUPAD District- Gaya ====================================================== Shashi Kumar Yadav Son of Late Narendra Yadav Resident of Village - Khatkachak, Naily, P.S.- Vishnupad, District - Gaya Ji. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2026 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 08.03.2026, in connection with Vishnupad P.S. Case No. 111 of 2026, F.I.R. dated 19.04.2026 registered for the offences punishable under Sections 25(1-A), 25(1-B)(a), 26, 35 of the Arms Act.

3. The case relates to recovery of one silver coloured country made pistol, one single barrel country made rifle, two live cartridges and one smart mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the

Patna High Court CR. MISC. No.42722 of 2026(2) dt.06-07-2026 2/3 conscious possession or the house of the petitioner rather recovery has been made from the house of co-accused Rohit Kumar and the name of the petitioner has been transpired on the basis of disclosure made by apprehended co-accused person and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 08.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession or the house of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gaya Ji in connection with Vishnupad P.S. Case No. 111 of 2026,

Patna High Court CR. MISC. No.42722 of 2026(2) dt.06-07-2026 3/3 subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T