Patna High Court
Chandan Roy @ Chandan Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to a cash bond and sureties.
Summary
The petitioner, Chandan Roy, sought anticipatory bail in a case arising from a viral video showing him dancing while brandishing a country-made pistol, alleged under Sections 25(1) and 25(9) of the Arms Act. The petitioner claimed the case was politically motivated, asserted that the video’s authenticity could be challenged, and highlighted his clean criminal record and employment as a Block Resources Person. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, the nature of the alleged offence, and the petitioner’s personal circumstances, and decided to grant anticipatory bail subject to a cash bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order directs that the bail be effective if the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail is appropriate in a case under Sections 25(1) and 25(9) of the Arms Act
- Whether the alleged offence is bailable or non‑bailable
- Whether the video evidence is sufficient to justify denial of bail
- Whether the petitioner’s clean record and employment justify grant of bail
Legislation cited
- Arms Act — s. 25(1), 25(9)
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- brandishing weapon
- video evidence
- political victimisation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28296 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- NATHNAGAR District- Bhagalpur
======================================================
Chandan Roy @ Chandan Kumar Roy S/o Sanjay Kumar Roy R/O Village-
Shahpur, P.S-Nathnagar, District- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Nathnagar P.S. Case No. 48 of 2026 for the offence
punishable under Section 25(1) and 25(9) of the Arms Act.
3. As per the allegation, a video went viral, wherein
a person was found dancing with a country made pistol and was
brandishing the same. Upon enquiry, the local Chowkidar
identified the petitioner to be the person who was brandishing
the pistol and was also dancing. When a raid was conducted at
the house of the petitioner, the petitioner was found absconding.
4. Learned counsel for the petitioner has submitted
the name of the petitioner has been dragged in this case on
account of local politics. It has further been submitted that as
regards the video, if any, its genuineness can only be ascertained
Patna High Court CR. MISC. No.28296 of 2026(3) dt.13-05-2026
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during trial and it may also be the case that tampering can be
done with the video. The petitioner has got no criminal
antecedents and in the facts and circumstances, the petitioner
may not be sent to jail as he is working as Block Resources
Person and his career would be jeopardized if he is sent to jail.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned JM 1st Class, Bhagalpur, in connection with
Nathnagar P.S. Case No. 48 of 2026, subject to the conditions as
laid down under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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