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Patna High Court

Sumit Kumar @ Sumit RayversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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