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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Saurav Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 109(1), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 25(9) and 27 of the Arms Act. The FIR was based on a WhatsApp video that allegedly showed the petitioner and another person firing a weapon from a motorcycle during Holi, creating public terror. The prosecution relied on the video as primary evidence, while the petitioner claimed innocence. The State highlighted the petitioner’s prior criminal record. The Court examined whether the circumstances justified granting anticipatory bail. Concluding that the alleged conduct endangered public safety and that the evidence warranted custody, the Court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the video evidence and the nature of the alleged act justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • video evidence
  • public safety
  • Holi

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34584 of 2026
                      Arising Out of PS. Case No.-53 Year-2026 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Saurav Kumar S/O Nawin Singh R/O Village- Khuthadih, P.s.- Barahiya,
                 Distt.- Lakhisarai.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   19-05-2026                    Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Barahiya P.S. Case No. 53 of 2026 registered

                   for the offence punishable under Sections 109(1), 352, 351(2)

                   and 3(5) of Bharatiya Nyaya Sanhita and Section 25(9) and 27

                   of the Arms Act, lodged on 06.03.2026 by the informant

                   Brajbhusan Singh.

                                3. As per the prosecution story, the Police on the basis

                   of a whatsapp video alleged that petitioner along with one other

                   accused was seen in a viral video riding a motorcycle and

                   indulging in discriminate firing in the public place causing

                   terror in the society. This led to the FIR.

                                4. Though learned counsel for the petitioner tried to

                   impress upon this Court about his innocence, learned APP has
           Patna High Court CR. MISC. No.34584 of 2026(2) dt.19-05-2026
                                                       2/2




                     taken this Court to the paragraph no. 3 of the petition to show

                     that already he has three criminal antecedents under his belt.

                                  5. The kind of allegation that has come against the

                     petitioner, solemn occasion of Holi was turned into terror only

                     because he wanted to have some fun. The precious life of the

                     citizen was/were in danger which can also not be ignored.

                                  6. In that background, no relief can be extended to the

                     petitioner, the anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Vinayak/Anjali

U      T


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