Patna High Court
Vakil JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner sought bail after the police alleged his involvement in a pistol‑waving incident at an orchestra program, invoking Section 25(9) of the Arms Act and Section 66 of the Information Technology Act. The allegation arose from a social‑media video and an informant’s identification of the petitioner, but no weapon or ammunition was recovered and the petitioner denied any firing. He contended that the case was fabricated by political rivals and highlighted his clean antecedents. The State opposed the bail application, arguing the seriousness of the offences. The High Court, after considering the circumstances, ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted in a case involving alleged violations of Section 25(9) of the Arms Act and Section 66 of the IT Act.
- Whether the petitioner’s alleged involvement, based solely on a social‑media video and informant testimony, justifies denial of bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to impose bail conditions.
Legislation cited
- Arms Act, 1959 — s. 25(9)
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Information Technology Act, 2000 — s. 66
Subjects
- bail
- Arms Act
- Information Technology Act
- Section 482
- political rivalry
- false implication
- high court inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12156 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Vakil Jha S/o Late Mahesh Jha Resident of village- Bel @ Belganj, Ward
No.9, PS- Bairganiya, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjiv Kumar Pathak
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 25(9) of Arms Act and
Section 66 of I.T. Act.
3. On 10.10.2025 (night), when informant along with
other police officials were on patrolling duty, they came to know
that on social media, one person is waiving pistol in an orchestra
programme and on inquiry from local people, they disclosed the
name of petitioner, as the person, who was waiving pistol.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case at the instance
of political rivals. He further submits that no arm or ammunition
has been recovered from possession of this petitioner. There is
no allegation of firing against this petitioner in the alleged
orchestra programme. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.12156 of 2026(2) dt.24-02-2026
2/2
5. Learned A.P.P. for the State opposes the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st Sitamarhi in connection with Bairganiya P.S. Case
No. 201 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Anay
U T
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