Patna High Court
Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail should be granted to the petitioner, subject to a bond and verification of his antecedent, as the evidence against him is limited and he has a clean record.
Summary
The petitioner, Gulshan Kumar, was implicated in a criminal case (Barhaiya P.S. Case No. 53 of 2026) based solely on a viral WhatsApp video that allegedly showed him riding a motorcycle while others fired weapons. The prosecution alleged offences under Sections 109(1), 352, 351(2), 3(5) of the B.N.S.S. 2023 and Sections 25(a) and 27 of the Arms Act, but the only allegation against the petitioner was his presence on the motorcycle; the firing was attributed to a co‑accused. The petitioner, a student with a clean antecedent, sought bail, arguing lack of substantive evidence linking him to the firing. The State opposed bail. After reviewing the material, the court noted the identification was limited to the video and the petitioner’s clean record, and ordered bail on a bond of Rs.10,000 with two sureties, subject to verification of his antecedents under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail when the only evidence against him is identification from a viral video showing him riding a motorcycle.
- Whether the nature of the alleged offences under the B.N.S.S. 2023 and the Arms Act warrants denial of bail.
- Whether the court may condition bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Arms Act — s. 25(a), 27
- B.N.S.S., 2023 — s. 109(1), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- viral video evidence
- identification
- Arms Act
- B.N.S.S. 2023
- criminal antecedent
- Section 482
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34123 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- BARHIYA District- Lakhisarai
======================================================
Gulshan Kumar S/o Barelal Singh @ Ram Kumar R/o vill - Khuthadih, P.S.-
Barhaiya, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Barhaiya P.S. Case No. 53 of 2026, for
allegedly having committed offence under Sections 109(1), 352,
351(2) and 3(5) of the BNS 2023. and Sections 25(a) and 27
Arms Act.
3. As per the prosecution story, which has been
lodged on the basis of written report submitted by the informant
to the effect that on 06.03.26 at about 4:10 P.M, an information
was received through a whatsapp video of 04.03.2026 during
Holi that some boys were seen riding a motorcycle and firing at
a public place in a viral video at Khuthadi. The viral video was
seen by the local Chowkidar, who identified Shaurav kumar as
Patna High Court CR. MISC. No.34123 of 2026(2) dt.18-05-2026
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the person, who was firing in air and the petitioner as the
person, who was riding the motorcycle.
4. The learned counsel for the petitioner submits
that on the basis of the viral video, the petitioner has been made
an accused in the present case, however the petitioner was not
involved in the case and the only allegation against the
petitioner is that he was seen riding the motorcycle in the viral
video and no allegation of firing is against the petitioner. The
petitioner is a student and has passed intermediate examination
and is preparing for competitive examination and has also taken
admission in Bachelor of Library Sciences Course from Fathima
Degree College. The learned counsel for the petitioner further
submits that the petitioner has got a clean antecedent.
5. The learned APP for the State vehemently opposes
the prayer for bail of the petitioner.
6. Having heard the rival submissions and after going
through the records, it appears that the name of the petitioner
has transpired on the basis of the viral video and identification
done by the local Chowkidar. The only allegation against the
petitioner is that he was seen riding the motorcycle in the viral
video and allegation of firing in air is against co-accused
Shaurav kumar. The petitioner has got a clean antecedent.
Patna High Court CR. MISC. No.34123 of 2026(2) dt.18-05-2026
3/3
Considering the same, let the petitioner, above named, in the
event of arrest or surrender within a period of six weeks, 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 A.C.J.M. 1st Lakhisarai in connection
with Barhaiya P.S. Case No. 53 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
Ajay/Kunal/-
U T
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