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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

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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

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Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate

For the Opposite Party/s : Mr. Shyam Bihari Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 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

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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

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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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