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Patna High Court

Bhantu Kumar @ Omprakash SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.

Summary

The petitioner, Bhantu Kumar, applied for bail after being implicated in a case under sections 25(1‑a) and 25(9) of the Arms Act for allegedly supplying illegal locally‑made pistols used in a wedding video that went viral on WhatsApp and Facebook. The prosecution’s case is based on the confessional statements of co‑accused Karan Kumar and Brijkishor Yadav, who identified Bhantu as the source of the weapons, although no arms were recovered from him and he claims he did not attend the ceremony. The petitioner asserted his innocence, clean antecedent, and lack of possession of any weapon. The State opposed bail, contending the seriousness of the offence. The Court, considering the petitioner’s clean record, the absence of seized arms, and the circumstances, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner under sections 25(1‑a) and 25(9) of the Arms Act in view of the evidence derived from co‑accused confessions and social‑media video.
  • Whether the petitioner’s clean antecedent and lack of seized weapons justify bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal firearms
  • desi katta
  • confessional statement
  • social media evidence
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40305 of 2026
                  Arising Out of PS. Case No.-45 Year-2026 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Bhantu Kumar @ Omprakash Sah S/o Rambabu Sah R/o vill- Jagannathpur,
                 PS- Gopalpur, District- West champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-06-2026                         Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 25 (1-a), 25(9) of

                   Arms Act.

                                3 . The prosecution case, in brief, is that on February

                   16, 2026, at approximately 8:00 pm, the informant, Station

                   House Officer (SHO) Ankit Kumar of Gopalpur Police Station,

                   received a viral WhatsApp video and a corresponding Facebook

                   screenshot showing two individuals dancing with firearms at a

                   wedding ceremony. Upon informing senior officers, Sanaha No.

                   552/26 was registered, and a subsequent investigation revealed

                   that the video was recorded on the night of February 14, 2026,

                   during the wedding of Karan Kumar’s sister in Matagarhi
Patna High Court CR. MISC. No.40305 of 2026(2) dt.29-06-2026
                                            2/3




          village, where Karan Kumar and his brother-in-law, Brijkishor

          Yadav, were dancing with illegal local-made pistols (desi katta)

          before Karan posted the footage on Facebook. Following his

          apprehension and custody at the police station, Karan Kumar

          confessed to the crime, admitting that he and Brijkishor Yadav

          were the individuals in the video and disclosing that the

          weapons belonged to his friend, Bhantu Kumar (petitioner) who

          had brought them to the ceremony at Karan's behest. During

          further interrogation, Karan Kumar showcased several other

          videos on his mobile phone depicting another youth dancing

          with a desi katta, leading to the formal seizure of his mobile

          device as documented in the official seizure list.

                       4. It is submitted on behalf of the petitioner that

          petitioner is innocent and has committed no offence as alleged.

          The name of the petitioner transpired during investigation in

          confessional statement of co-accused persons. No arms and

          ammunition         was recovered from possession of petitioner.

          Petitioner neither participated in the alleged wedding function

          nor he was present in the facebook post. Petitioner claims clean

          antecedent.

                       5 . Learned counsel for the State opposed the bail

          petition .
           Patna High Court CR. MISC. No.40305 of 2026(2) dt.29-06-2026
                                                       3/3




                                  6 Considering the aforesaid facts, clean antecedent of

                     the petitioner and other circumstances of the case , in the event

                     of arrest or surrender within eight weeks from today, let the

                     petitioner, as named above, be enlarged 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 1 st Class,

                     Bettiah, West Champaran in connection with Gopalpur P.S. Case

                     No. 45 of 2026,           subject to the conditions laid down under

                     section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,

                     2023 .



                                           (Prabhat Kumar Singh, J)
Koushik/Sanjay-

U      T


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