Patna High Court
Tithlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25, 27, 7
- Information Technology Act — s. 66(c)
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
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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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