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Patna High Court

Rohit Kumar @ Rahul YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as the allegations are vague and no specific overt act is attributed to him, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Rohit Kumar, sought anticipatory bail in a case arising from a viral video showing individuals brandishing illegal firearms, for which he was implicated based on a statement by a local chowkidar. The prosecution alleged offences under Sections 25, 7, 27 of the Arms Act and Section 66(c) of the IT Act, asserting that the petitioner was part of the group firing weapons at a ceremony. The petitioner contended that he was falsely implicated, that the allegations were vague, and that no specific overt act was attributed to him. The State opposed the bail application. Considering the lack of concrete evidence against the petitioner and the general nature of the accusations, the Court granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, and imposed conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the allegations under the Arms Act and IT Act.
  • Whether the allegations against the petitioner constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Arms Act
  • IT Act
  • viral video
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7076 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
                 ======================================================
                 Rohit Kumar @ Rahul Yadav S/o Late Shiv Yadav R/o vill - Itawa, P.S.-
                 Goradih, Distt.- Bhagalpur
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saobiya Mushtaque, Advocate
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Goradih

                   P.S. Case No. 248 of 2025, instituted for the offences under

                   Sections 25, 7, 27 of the Arms Act and Section 66(c) of the I.T.

                   Act.

                               3. Prosecution case, in short, is that the Police

                   personnel for verification of viral video, on the social media, in

                   which some persons were seen waving illegal firearms and

                   firing after loading the bullet. The said video was shown to local

                   Chowkidar, who told that this viral video is of village Etwa.

                   Thereafter, all the accused persons named in the F.I.R. were

                   identified, who were waiving firearms in the Chhathiyara

                   programme of birth of grandson in the house of Ashok Yadav.
           Patna High Court CR. MISC. No.7076 of 2026(2) dt.04-02-2026
                                                       2/2




                                 4. Learned counsel for the petitioner submitted that the

                     petitioner has falsely been implicated in the present case. The

                     name of the petitioner transpired in this case on the basis of

                     statement of Mahal Chaukidar. Learned counsel for the

                     petitioner submitted that general and omnibus allegation has

                     been made against the petitioner. No specific overt act is alleged

                     against the petitioner. He further submitted that co-accused

                     Tithlesh Yadav fired after taking it from Chandan Yadav.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Goradih P.S.

                     Case No. 248 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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