Patna High Court
Tulsi Yadav @ Tulsi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants anticipatory bail to the petitioner subject to the stipulated bond and conditions.
Summary
Tulsi Yadav, fearing arrest in a case registered under Sections 25, 7, 27 of the Arms Act and Section 66(c) of the Income Tax Act, sought anticipatory bail. The prosecution alleged that a viral video showed him brandishing and firing illegal firearms at a family ceremony, and his name was identified by a local watchman. The petitioner contended he was falsely implicated, had no specific overt act attributed to him, and possessed no criminal antecedent, noting that a co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, after considering the material, granted anticipatory bail subject to a bond of Rs.15,000, two sureties of equal amount, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the material on record, including a viral video and identification by a watchman, suffices to deny bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Arms Act — s. 25, 27, 7
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Income Tax Act — s. 66(c)
Subjects
- anticipatory bail
- Arms Act
- Income Tax Act
- Bharatiya Nagarik Suraksha Sanhita
- video evidence
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13255 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Tulsi Yadav @ Tulsi Kumar Son of Ashok Yadav Resident of village - Etwa,
P.S.- Goradih, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, 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 no specific overt act has been attributed against the
petitioner rather the same is general and omnibus in nature.
Patna High Court CR. MISC. No.13255 of 2026(2) dt.25-02-2026
2/2
Name of the petitioner has transpired in this case on the basis of
disclosure made by local chaukidar. The petitioner has got no
criminal antecedent. Learned counsel for the petitioner further
submits that other co-accused has been granted anticipatory bail
by this Court vide order dated 04.2.2026 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.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail 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, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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