Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
Brajesh Kumar and Sittu Kumar were arrested in connection with a case under Sections 223(2), 292 and 3/5 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a and 27 of the Arms Act after a viral Facebook video allegedly showed them holding country‑made pistols. The petitioners argued that they were falsely implicated, that no firearm was recovered from their possession, that there was no allegation of firing, and that they had no prior criminal record, having been in custody since 5 December 2025. The State opposed bail, contending the seriousness of the alleged offences. The Court considered the lack of concrete evidence of actual firearms, the absence of any firing or misuse, the petitioners’ clean record, and the length of custody, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita and Arms Act where the only evidence is a video showing them holding pistols.
- Whether the absence of recovered firearms or evidence of firing justifies bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 25(1-b)a, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 223(2), 292, 3/5
Subjects
- bail
- firearms
- Arms Act
- Bharatiya Nyaya Sanhita
- video evidence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12233 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Brajesh Kumar S/o Dayanand Panjiyara R/o Village - Nagardih, P.S -
Fullidumar, District - Banka
2. Sittu Kumar S/o Dayanand Panjiyara R/o Village - Nagardih, P.S -
Fullidumar, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brijmohan Das, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Amarpur (Fullidumar) P.S. Case No. 301 of 2025, instituted for
the offences under Sections 223(2), 292 and 3/5 of the Bharatiya
Nyaya Sanhita, 2023 and Section 25(1-b)a and 27 of the Arms
Act.
3. Prosecution story, in short, is that on 27.04.2025,
the Police personnel found a viral video from the facebook I.D
of Ahir Gaurav in which Sittu Kumar (Petitioner No.2) was seen
holding country made pistol in his hands and petitioner No.1
Brajesh Kumar was seen holding a country made pistol in back
of his waist.
4. Learned counsel for the petitioners submitted that
petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.12233 of 2026(2) dt.12-03-2026
2/2
There was no allegation of firing or exploiting any one rather
the petitioners have been seen with the country made pistols in
the alleged video. Nothing has been recovered from the
conscious possession of the petitioners. There is nothing on
record to show that the fire arms shown in the video are real. It
has been submitted on behalf of the petitioners that the
petitioners are in custody since 05.12.2025 and have no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Amarpur
(Fullidumar) P.S. Case No. 301 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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