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Patna High Court

Chandan Kumar @ Chandan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Chandan Kumar, sought anticipatory bail after being implicated in a case (Goradih P.S. Case No. 248 of 2025) under Sections 25, 7 and 27 of the Arms Act and Section 66(c) of the Information Technology Act for allegedly brandishing and firing illegal firearms in a viral video. The prosecution argued that the petitioner was clearly seen flashing arms in the video, while the petitioner’s counsel claimed innocence, stating he did not fire any weapon and was falsely implicated based on a local watchman's disclosure, also noting his prior criminal antecedents. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s identification in the FIR. The Court, considering the nature and gravity of the offences, declined to grant anticipatory bail, directing the petitioner to surrender before the lower court and apply for regular bail if desired. Consequently, the anticipatory bail petition was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Arms Act and the Information Technology Act given the alleged involvement in illegal firing as shown in a viral video.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • illegal firearms
  • viral video
  • bail application
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12777 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
                 ======================================================
                 Chandan Kumar @ Chandan Yadav S/O Kailash Yadav @ Kailesh Yadav @
                 Butal Yadav R/O Village- Itwa- Kashimpur, P.S- Goradih, Distt.- Bhagalpur.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                                                  Mr. Murlidhar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Goradih P.S. Case No. 248 of 2025, registered under Sections

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

                                 3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons were identified by the

                   police through a viral video on the social media brandishing and

                   firing illegal firearms in the Chhathiyara programme of birth of

                   grandson in the house of Ashok Yadav.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that the petitioner has neither made any firing nor any injury has

                   been caused to anyone rather the allegation levelled against the
             Patna High Court CR. MISC. No.12777 of 2026(2) dt.25-02-2026
                                                         2/2




                       petitioner is of waiving arms. It is next submitted that name of

                       the petitioner has transpired in this case on             the basis of

                       disclosure made by local chaukidar. The petitioner has got two

                       criminal antecedents. Learned counsel for the petitioner further

                       submits that other co-accused has been granted regular bail by

                       this Court vide order dated 04.02.2026 passed in Cr. Misc. No.

                       7076 of 2026.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner and submitted that

                       the petitioner is named in the FIR and was seen flashing arms in

                       the viral video. Hence, the petitioner does not deserve the

                       privilege of anticipatory bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature and gravity of the offence, this Court is not

                       inclined to grant anticipatory bail to the petitioner.

                                    7. The prayer is rejected. However, the petitioner is

                       directed to surrender in the Court below and pray for regular

                       bail. If any such application is filed, the Court below shall

                       consider and dispose of the same on its own merit without being

                       prejudiced by this order.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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