Santosh Yadav @ Silaiwa Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Santosh Yadav @ Silaiwa Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender in the Court below within four weeks; on arrest or surrender in connection with Pandarak P.S. Case No. 79 of 2025, to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Barh (Patna), subject to the conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in Pandarak P.S. Case No. 79 of 2025 instituted for offences under Sections 25(1-b)a, 26 and 35 of the Arms Act, should be enlarged on anticipatory bail.

Court's answer

Having heard counsel for the parties and considering the facts and circumstances stated, the Court is inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to surrender in the Court below within four weeks, and in the event of arrest or surrender in connection with Pandarak P.S. Case No. 79 of 2025, he is to be enlarged on bail.

Key takeaways

Enlargement on bail is conditioned on furnishing a bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Barh (Patna).ratio¶16
The bail is subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶16
The present bail application stands allowed.ratio

Detailed headnote1 paragraphs

Anticipatory bail — Arms Act offences (Sections 25(1-b)a, 26 and 35) — Pandarak P.S. Case No. 79 of 2025 — recovery of one country made pistol and 5 live cartridges from co-apprehended persons who disclosed the petitioner's name; nothing allegedly recovered from the petitioner, whose name surfaced in co-accused statements — Patna High Court inclined to enlarge petitioner: surrender within four weeks, bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ACJM-1, Barh (Patna), subject to conditions under Section 482(2) BNSS — application allowed (Ashok Kumar Pandey, J., dated 18-07-2025).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43970 of 2025

Arising Out of PS. Case No.-79 Year-2025 Thana- PANDARAK District- Patna

====================================================== Santosh Yadav @ Silaiwa S/o Ramnandan Yadav R/o Village- Chintaman Chak, Police Station- Pandarak, District- Patna ... ... Petitioner/s Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Anjana, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 18-07-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2. The instant application for anticipatory bail has

been filed by the petitioner apprehending his arrest in connection with Pandarak P.S. Case No. 79 of 2025 instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that three persons were apprehended on secret information. They were identified as Raviranjan Kumar, Rakesh Kumar and Pawan Kumar. The apprehended persons disclosed the name of this petitioner. On search, from the possession of apprehended persons, one country made pistol and 5 live cartridges were recovered.

4. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this

Patna High Court CR. MISC. No.43970 of 2025(2) dt.18-07-2025 2/2

petitioner. His name has surfaced on the statement of the coaccused persons. It has also been submitted that the petitioner has criminal antecedent of three cases and he has been framed in this case only on the basis of his antecedents.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pandarak P.S. Case No. 79 of 2025, he will be enlarged 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 Additional Chief Judicial Magistrate- 1^st , Barh (Patna) subject to the conditions as laid down under Section 482(2) of the BNSS.

7. Accordingly, the present bail application stand allowed.

(Ashok Kumar Pandey, J)

Durgesh/-

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