Nand Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86012 of 2025 Arising Out of PS. Case No.-680 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Nand Kishor Yadav S/o Late Upandra Yadav R/o Village- Santosh, P.S.- Alauli, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 19-03-2026 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 680 of 2021, F.I.R. dated 26.08.2021 for the offences punishable under Sections 25(1-b)a, 26(1), 35 of the Arms Act.

3. Recovery is of four country made pistol and one small keypad mobile phone.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of disclosure made by the coaccused namely, Md. Khurshid Alam. He further submits that nothing has been recovered from the conscious possession or from the house of the petitioner and except the disclosure made

Patna High Court CR. MISC. No.86012 of 2025(3) dt.19-03-2026 2/3 by the co-accused namely, Md. Khurshid Alam, no other cogent material has come against the petitioner during the investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 23.06.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one.

6. Considering the aforesaid facts and circumstances, nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner has transpired on the basis of disclosure made by the co-accused namely, Md. Khurshid Alam, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 680 of 2021, subject to following condition:-

(1) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found

Patna High Court CR. MISC. No.86012 of 2025(3) dt.19-03-2026 3/3 that the petitioner has concealed his 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.

(Ritesh Kumar, J) AjayMishra/- U