Patna High Court
Sumit Kumar @ Sumit RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions and sureties.
Summary
The petitioner, Sumit Kumar, sought anticipatory bail after a video of him allegedly waving a pistol went viral on social media, leading to a criminal case under Sections 292 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 27 and 25(9) of the Arms Act. The pistol was not recovered and the video did not clearly show whether it was a real firearm or a toy. The court examined whether the video alone sufficed to justify arrest and whether anticipatory bail was appropriate. Relying on the lack of concrete evidence and the provisions of Section 482(2) of the BNSS, the court allowed the anticipatory bail application. The petitioner was released on bail with conditions including regular attendance at the police station and surety bonds.
Issues considered
- Whether anticipatory bail can be granted in a case based solely on a viral video showing a person waving a pistol.
- Whether the video evidence is sufficient to establish the offences under the BNSS and the Arms Act.
- Whether the petitioner is entitled to bail despite the non-recovery of the alleged firearm.
Legislation cited
- Arms Act — s. 25(9), 27
- Bharatiya Nyaya Sanhita, 2023 — s. 292, 3(5), 482(2)
Subjects
- anticipatory bail
- video evidence
- firearms
- social media
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72890 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- AZIMABAD District- Bhojpur
======================================================
Sumit Kumar @ Sumit Ray S/O Mrigendra Ray R/O Vill.- Brahampur, P.S.-
Azimabad, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Azimabad P.S. Case No. 2 of 2025 registered for offences under
Sections 292 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 27 and 25(9) of the Arms Act.
3. A video of the petitioner waving a pistol became
viral on social media and because of which, the present case has
been filed. The pistol has not been recovered. Whether the
petitioner was using a toy gun or a country made pistol cannot
be deciphered from the video.
4. Considering the above, this application for
anticipatory bail stands allowed.
5. Accordingly, let the petitioner, above-named, in the
Patna High Court CR. MISC. No.72890 of 2025(5) dt.21-01-2026
2/2
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Bhojpur at Ara/concerned Court below in
connection with Azimabad P.S. Case No. 2 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS
and with further condition that:-
The petitioner will mark his
attendance at the Azimabad Police Station
on the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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