Patna High Court
Sanni Kumar @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was granted because the allegations were not specific enough to justify denial of bail and the petitioner was entitled to protection under Section 482(2).
Summary
The petitioner, Sanni Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 25, 7, 27 of the Arms Act and Section 66(c) of the I.T. Act, based on a viral video showing illegal firearms. The prosecution alleged that the petitioner, along with co‑accused, brandished and fired illegal weapons at a family ceremony, and the petitioner’s name was identified by a local watchman. The petitioner contended that he was falsely implicated, that the allegations were vague and omnibus, and that he had a prior criminal antecedent but no specific overt act attributed to him. The State opposed the bail, arguing the seriousness of the offences and the risk of tampering with evidence. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties 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 of the case
- Whether the evidence disclosed (viral video and identification by a watchman) is sufficient to deny bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this matter
Legislation cited
- Arms Act — s. 25, 27, 7
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Information Technology Act — s. 66(c)
Subjects
- anticipatory bail
- arms act
- information technology act
- bail conditions
- social media evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14306 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Sanni Kumar @ Sunny Kumar S/o Ashok Yadav R/o Itawa, Itwa Kasimpur,
P.S.- Goradih, District- Bhagalpur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saobiya Mushtaque, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, 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
Patna High Court CR. MISC. No.14306 of 2026(2) dt.25-02-2026
2/2
petitioner rather the same is general and omnibus in nature.
Name of the petitioner has transpired in this case on the basis of
disclosure made by local chaukidar. The petitioner has got one
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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