Anuplal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1102 of 2026 Arising Out of PS. Case No.-444 Year-2024 Thana- BANKA District- Banka ====================================================== Anuplal Yadav, aged about 26 years, Male, Son of Birendra Yadav, Resident of Village- Bishhara, P.S- Banka, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner is in custody in a case registered for offences punishable under Section 25(1-b)a/26 of the Arms Act in connection with Banka P.S. Case No. 444 of 2024 corresponding to G.R. No. 3494 of 2024.
3. As per allegation in the FIR, on 25.10.2024, the informant is an A.S.I of Banka Police Station, conducted a raid in the house of the petitioner, who is accused in connection with G.R. No.132 of 2018 and during course of raid, the petitioner tried to flee away but the police chased and caught him and upon search, recovered a loaded country made pistol with one live cartridge from the conscious possession of this petitioner and, thereafter, police made the seizure list.
4. This is the second attempt for bail. Earlier the
Patna High Court CR. MISC. No.1102 of 2026(3) dt.30-01-2026 2/3 prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 28552 of 2025 vide order dated 07.05.2025.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is recovery of arms from the conscious possession of this petitioner.
6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-II, Banka dated 28.11.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant, FIR has been registered under Section 25(1-b)a/26 of the Arms Act against the present petitioner and the allegation against him is of recovery of one country made pistol with one live cartridge from his conscious possession. This is the second attempt for bail and earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 28552 of 2025 vide order dated 07.05.2025 and petitioner is in custody since 26.10.2024, i.e., for more than one year. From perusal of the impugned order, It also appears that there is no any satisfactory progress in the trial against this present petitioner.
7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.1102 of 2026(3) dt.30-01-2026 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Banka in connection with Banka P.S. Case No. 444 of 2024, corresponding to G.R. No. 3494 of 2024. (Ramesh Chand Malviya, J) Anand Kr.
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