Patna High Court
Banty Kumar @ Banti KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Banty Kumar was arrested in connection with a viral video threatening revenge for a double murder, and charged under Sections 353, 196, 197 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. He pleaded innocence, arguing that he had no overt act and possessed a clean criminal record, while the co‑accused had already been released on bail. The State opposed bail, contending his participation in the video warranted continued detention. The Court examined the lack of specific overt act against the petitioner and his long custody since July 2025, and consequently ordered his release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions regarding attendance, verification of antecedents, and possible cancellation. The order clarified that any observations made would not affect the trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the alleged participation in a viral threat video and the charges under the Bharatiya Nyaya Sanhita?
- Does the absence of a specific overt act and the petitioner's clean antecedent justify bail despite the seriousness of the offences?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 196, 197, 353, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- video threat
- cyber crime
- criminal antecedent
- overt act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84255 of 2025
Arising out of PS. Case No.-75 Year-2025 Thana- Cyber P.S. District- Nalanda
======================================================
Banty Kumar @ Banti Kumar S/o Ram Lakhan Paswan R/o Vill.- Man-
jhiyama, P.S.- Fatehpur, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s: Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 353, 196, 197 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023. He has no criminal antecedent.
3. As per the prosecution case, it is alleged that the co-
accused namely Raushan Kumar and the petitioner were found
to have made a video viral on social media announcing that they
would take revenge of double murder case which had happened
in the area.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
in the FIR. It is further submitted that there is no specific alle-
gation of overt act against the petitioner rather from the perusal
of the content which is said to have gone viral, it shows that the
petitioner was merely standing behind the co-accused petitioner.
Patna High Court CR. MISC. No.84255 of 2025(2) dt.05-01-2026
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It is lastly submitted that the petitioner has clean antecedent and
he is in custody since 18.07.2025 while the co-accused namely
Raushan Kumar has been enlarged on bail by a Co-ordinate
Bench of this Court vide order dated 16.12.2025 passed in Cr.
Misc. No. 84896 of 2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner and
has submitted that the petitioner was involved in making viral a
video of taking revenge of double murder as such he should not
be released on bail.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that there is no specific
overt act against the petitioner and he is in custody since
18.07.2025, the petitioner above named, is directed to be re-
leased on bail on furnishing bail-bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Nalanda in
connection with Nalanda Cyber P.S. Case No. 75 of 2025, sub-
ject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
Patna High Court CR. MISC. No.84255 of 2025(2) dt.05-01-2026
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present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner except and in case at any stage
it is found that the petitioner has concealed his
criminal antecedent, the court below shall take
step for cancellation of bail bond of the peti-
tioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of the same or in the name
of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T
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