Patna High Court
NITISH KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a robbery and assault case (Sabour P.S. Case No. 134 of 2025) where six masked accused allegedly held an informant at gunpoint and stole his belongings. The FIR originally named unknown miscreants, but during investigation co‑accused Rishu and Dileep gave confessional statements that implicated the petitioner, who also submitted a confessional statement. No physical evidence was recovered from the petitioner, he has no prior criminal record, and he has been in custody since 1 May 2025. The petitioner sought bail, arguing that his situation is similar to co‑accused Suman Saurabh and Bablu Kumar, who were granted bail earlier. The State opposed bail, but the Court, after considering the lack of material evidence beyond the confessional statements, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the confessional statements implicating him and the charges under Section 310(2) ODF B.N.S. and Sections 25(1‑b)(a), 25/35 of the Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)(a), 25/35
- ODF B.N.S. — s. 310(2)
Subjects
- bail
- confessional statement
- Arms Act
- criminal procedure
- section 310
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14095 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
NITISH KUMAR S/o Rajesh Mandal Resident of village- Lailakh, PS-
Sabour, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in Sabour P.S. Case No. 134 of
2025 initially registered for the offence punishable under Section-
310(2) ODF B.N.S. and later on added Section-25(1-b)a, 25/35 of the
Arms Act.
3. The case of the prosecution, in short, is that in course of
returning from a motorcycle with his friend, in the way, the informant
was intercepted on gunpoint by six accused persons who had masked
their faced and the miscreants snatched their belongings i.e. mobile
and cash.
4. It has been submitted on behalf of the petitioner that the
FIR is against unknown miscreants. During investigation, the co-
accused Rishu and Dileep gave their confessional statements and the
name of the petitioner surfaced in their confessional statements.
Patna High Court CR. MISC. No.14095 of 2026(3) dt.15-04-2026
2/2
Learned counsel for the petitioner has submitted that the petitioner
has also given his confessional statement. Nothing has been
recovered from his possession. It has further been submitted that save
and except confessional statement, there is nothing against the
petitioner. The petitioner is having no criminal antecedent and he is
in custody since 01-05-2025. Similarly situated co-accused namely
Suman Saurabh and Bablu Kumar have been granted bail by this
court vide order dated 12-08-2025 passed in Cr. Misc. No. 55479 of
2025. The case of the petitioner stands on similar footing.
5. Learned APP has vehemently opposed the prayer for
bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Chief Judicial Magistrate,
Bhagalpur in connection with Sabour P.S. Case No. 134 of 2025.
(Ashok Kumar Pandey, J)
A.K.V.//-
U T
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