Patna High Court
Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chandan Yadav, sought bail for offences under Sections 25, 7, 27 of the Arms Act and Section 66(c) of the Information Technology Act, alleging that he was identified solely through a viral video showing illegal firearms and that no weapon was recovered from him. The prosecution argued that the video evidence implicated him and highlighted his two prior criminal cases. The petitioner contended his innocence, pointed to the grant of bail to a co‑accused (Sanni Kumar) in a similar case, and noted his detention since 12 March 2026. The State opposed bail on the ground of his criminal antecedents. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Judicial Magistrate, 1st Class, Bhagalpur.
Issues considered
- Whether bail can be granted to the petitioner despite the nature of the offences under the Arms Act and IT Act.
- Whether identification through a viral video and lack of seized weapon justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25, 27, 7
- Information Technology Act — s. 66(c)
Subjects
- bail
- Arms Act
- Information Technology Act
- viral video evidence
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28330 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Chandan Yadav S/o- Kailash Yadav @ Kailsh Yadav @ Butal Yadav R/v-
Kasimpur, Kashimpur Itwawa, P.S- Goradih Barahat Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Saobiya Mushtaque, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Goradih P.S. Case No. 248 of 2025 registered for the
offence punishable under Sections 25, 7, 27 of the Arms Act and
Section 66(c) of the I.T. Act.
3. The case of the prosecution, in short, is that the
petitioner along with other were identified by the police through
a viral video on the social media brandishing and firing illegal
firearms.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.28330 of 2026(2) dt.05-05-2026
2/2
possession of the petitioner. The petitioner has been identified
only through a viral video. He further submits that similarly
situated co-accused person namely, Sanni Kumar has been
granted bail by the learned coordinate Bench of this Court vide
Cr. Misc. No. 14306 of 2026. Moreover, the petitioner is
languishing in judicial custody since 12.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Bhagalpur in connection with Goradih P.S.
Case No. 248 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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