Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The Patna High Court considered the bail application of Nitish Kumar, who was arrested in connection with a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act after an empty cartridge was allegedly recovered from his possession. The petitioner asserted that he has no criminal antecedents, was falsely implicated, and that no arms were found in his conscious possession, also pointing to the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. Weighing the petitioner’s custody period, lack of prior record, and the fact that a co‑accused had already been granted bail, the Court was inclined to grant bail. Accordingly, the Court ordered his release on a bail bond of Rs.15,000 with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with bail liable to cancellation after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act.
- Whether the petitioner’s claim of false implication and lack of conscious possession of the weapon affects the bail decision.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, is a ground to deny bail.
- Whether parity with a co‑accused who was previously granted bail warrants granting bail to the petitioner.
Legislation cited
Subjects
- bail
- Arms Act
- false implication
- parity
- surety
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10383 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Nitish Kumar S/o Mangal Mahto Resident of Village- Makhwa, Ward No 08,
Post Office- Gada, Police Station- Bhagwanpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the State : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 301 of 2025 instituted for the
offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.
3. Prosecution case in short is that there is recovery of
one empty cartridge from the possession of the petitioner.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 10.10.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
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counsel that petitioner has been falsely implicated in the present
case. It is submitted that petitioner has no concern with the
recovered arms. Nothing has been recovered from the conscious
possession of the petitioner. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 04.02.2026, passed in Cr. Misc.
No. 7085 of 2026.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner as also claim
based on parity, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwanpur P.S.
Case No. 301 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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