Patna High Court
Bhusho Nishad @ Bhushan Singh Nishad @ Bhudo NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court directed that the petitioner be enlarged on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Summary
The petitioner, Bhusho Nishad, applied for regular bail in a case registered under sections 25(1‑B)(a) and 26 of the Arms Act, where a country‑made pistol and two live cartridges were recovered from his house. The prosecution alleged possession of illegal arms, while the petitioner contended that he was falsely implicated and that no incriminating article was found on his person or in his possession. He had been in custody since 16 October 2025 and a chargesheet had already been filed. The State opposed the bail on the ground of the seriousness of the offence. After considering the allegations, the length of pre‑trial detention, and the fact that no weapon was seized from the petitioner, the court ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- What is the appropriateness of granting regular bail in a case under sections 25(1‑B)(a) and 26 of the Arms Act where the accused claims false implication and no weapon was seized from him?
- Does the four‑month pre‑trial detention and filing of the chargesheet justify bail?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- regular bail
- Arms Act
- section 25(1‑B)(a)
- section 26
- false implication
- chargesheet
- sureties
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14213 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Bhusho Nishad @ Bhushan Singh Nishad @ Bhudo Nishad S/o- Birju Singh
Nishad Resident of village- Dumara Jangira Diyara PS- Pachamahla District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Pachamahla P.S. Case
no.79 of 2025 registered under sections 25(1-B)(a) and 26 of the
Arms Act.
3. As per the prosecution case, a country made pistol
and two live cartridges were recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. No incriminating article has been recovered from
the petitioner’s possession or from his house. He is in custody
since 16.10.2025 and chargesheet has been submitted in the
case.
Patna High Court CR. MISC. No.14213 of 2026(2) dt.12-03-2026
2/2
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
for more than 4 months since 16.10.2025 and chargesheet
having been submitted in the case, the petitioner is directed to
be enlarged on bail in connection with Pachamahla P.S. Case
no.79 of 2025 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 A.C.J.M-III, Barh, Patna.
(Partha Sarthy, J)
Shiv/-
U T
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