Patna High Court
Bhantu Kumar @ Omprakash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(1-a), 25(9)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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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