Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with a case involving alleged illegal weapons and was charged under Sections 310(4), 310(5) of the B.N.S. and Sections 25(1‑B)/a/26/35 of the Act. Police recovered a pistol from a co‑accused but none from the petitioner, although a mobile phone was seized from him. The petitioner claimed innocence, a clean antecedent, and pointed out that a similarly situated co‑accused, Raja Kumar, had been granted bail. The State opposed bail, but the court noted the absence of any firearm recovery from the petitioner, the length of his custody since 29‑08‑2025, and the submission of the charge sheet. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and conditions under Section 480(3) of the B.N.S.S., including presence in court and potential cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the B.N.S. and the Arms Act.
- Whether the non‑recovery of a firearm from the petitioner and his clean antecedent justify bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
Subjects
- bail
- illegal weapons
- firearm possession
- clean antecedent
- Section 480(3)
- criminal procedure
- arms offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1367 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Nitesh Kumar S/O Surendra Yadav R/O Village- Kanakati, Kothiya Hariram,
P.S- Mehsi, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Ranjan, Advocate
Mr. Saket Kumar, Advocate
For the State : Mrs.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Rajepur P.S. Case No. 258 of 2025 registered
for the alleged offences under Sections 310(4), 310(5) of B.N.S.
and Sections 25(1-B)/a/26/35 of the Act.
03. As per prosecution case, police received secret
information about some miscreants travelling in a car with
illegal weapons. The identified car was signaled to stop and the
persons sitting in it tried to run away after stopping their car, but
they were apprehended. The petitioner is one of the five
apprehended persons. Recovery of country made pistol was
Patna High Court CR. MISC. No.1367 of 2026(2) dt.15-01-2026
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made from co-accused and four mobile phones were also
recovered from co-accused persons and recovery of mobile
phone has been made from the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No firearm was recovered from the person or possession
of the petitioner and the recovered mobile phone belongs to this
petitioner. Learned counsel further submits that similarly placed
co-accused Raja Kumar has been granted bail by learned Co-
ordinate Bench vide order dated 08.01.2026 passed in Cr. Misc.
No. 88946 of 2025. The petitioner is having clean antecedent.
The petitioner is in custody since 29.08.2025 and charge sheet
has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery of any firearm has been shown from the
petitioner and further considering the period of custody of the
petitioner, his clean and submission of charge sheet, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
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sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, Ist Class, East Champaran at
Motihari/concerned Court in connection with Rajepur P.S. Case
No. 258 of 2025, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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