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Patna High Court

Tithlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a cash bond and surety conditions.

Summary

The petitioner, Tithlesh Yadav, was arrested in connection with a case arising from a viral video showing individuals brandishing illegal firearms, alleged to have taken place in the village of Etwa. He was charged under Sections 25, 7 and 27 of the Arms Act and Section 66(c) of the Information Technology Act. The petitioner contended that he was falsely implicated, with no specific overt act alleged against him, and that his name was disclosed by a local chowkidar. The State opposed bail, arguing the seriousness of the offences. Considering the lack of specific evidence, the petitioner’s custody period, and the fact that co‑accused had been granted bail, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions of appearance. The bail was ordered subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act and the IT Act in the absence of specific allegations of overt acts.
  • Whether the petitioner’s prolonged custody and the nature of the charges justify denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Information Technology Act
  • criminal procedure
  • viral video
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10231 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
                 ======================================================
                 Tithlesh Yadav S/o- Lal Yadav @ Lal Das Yadav R/v- Kasimpur, Itawa Ps-
                 Goradih Dist- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Goradih

                   P.S. Case No. 248 of 2025, instituted for the offences under

                   Sections 25, 7, 27 of the Arms Act and Section 66(c) of the I.T.

                   Act.

                           3. Prosecution case, in short, is that the Police personnel

                   for verification of viral video, on the social media, in which

                   some persons were seen waving illegal firearms and firing after

                   loading the bullet, which was shown to local Chowkidar, who

                   told that this viral video is of village Etwa. Thereafter, all the

                   accused persons named in the F.I.R. were identified, who were

                   waiving firearms in the Chhathiyara programme of birth of
Patna High Court CR. MISC. No.10231 of 2026(2) dt.13-02-2026
                                            2/3




          grandson in the house of Ashok Yadav.

                  4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case. He

          further submitted that the name of petitioner has been disclosed

          by local Chowkidar. Learned counsel for the petitioner submits

          that general and omnibus allegation has been made against the

          petitioner. No specific overt act is alleged against the petitioner.

          It has been submitted on behalf of the petitioner that the

          petitioner is in custody since 11.12.2025 and has one criminal

          antecedent. Other co-accused has been granted bail by this

          Court vide order dated 13.01.2026, passed in Cr. Misc. No.

          91563 of 2025.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case, also the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail, after framing of

          charge, if not already framed, on furnishing bail bonds of Rs.

          15,000/- ( Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Goradih P.S. Case No. 248 of 2025,
           Patna High Court CR. MISC. No.10231 of 2026(2) dt.13-02-2026
                                                       3/3




                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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