Patna High Court
Rohit Kumar @ Rahul YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25, 27, 7
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Information Technology Act — s. 66(c)
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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