Patna High Court
Biru Yadav @ Rohit Yadav @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner as the allegations were not specific enough to justify continued detention.
Summary
The petitioner, Biru Yadav, was arrested in connection with a case (Goradih PS Case No. 248 of 2025) alleging violations of Sections 25, 7 and 27 of the Arms Act and Section 66(c) of the Income‑Tax Act after a viral video showed persons brandishing illegal firearms. The prosecution contended that the video, verified by a local chowkidar, identified the accused at a private ceremony where firearms were displayed and fired. The petitioner’s counsel argued that the allegation was vague, that no specific overt act was ascribed to him, and that he had been falsely implicated; he also highlighted that a co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s four prior criminal records. Considering the lack of concrete evidence against the petitioner, the duration of his custody, and the precedent of bail to a co‑accused, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Arms Act and the Income‑Tax Act.
- Whether the prosecution’s allegations constitute sufficient specific evidence to deny bail.
Legislation cited
- Arms Act — s. 25, 27, 7
- Income Tax Act — s. 66(c)
Subjects
- bail
- Arms Act
- Income Tax Act
- viral video
- false implication
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91563 of 2025
Arising Out of PS. Case No.-248 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Biru Yadav @ Rohit Yadav @ Rohit Kumar S/O Banti Yadav @ Bangti Yadav
R/O Itwa, Itawa Kasimpur, P.S.- Goradih, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tooba Hera, Advocate
Mr.Saobiya Mushtaque, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 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.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.91563 of 2025(2) dt.13-01-2026
2/2
petitioner has falsely been implicated in the present case. He
further submitted that the name of petitioner has been disclosed
by local Chowkidar. Learned counsel for the petitioner submits
that general and omnibus allegation has been made against the
petitioner. No specific overt act is alleged against the petitioner.
He further submitted that the other co-accused person has been
granted bail by a co-ordinate Bench of this Court. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 05.11.2025 and has four criminal antecedents.
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, also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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