Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties, and conditions of regular police‑station attendance and verification of clean antecedent.
Summary
Nitish Kumar was arrested in connection with a case involving the alleged purchase of a country‑made pistol that injured co‑accused Suman Kumar during a test fire. The injured co‑accused named Kumar in his self‑inculpatory statement, leading to charges under sections 109(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and sections 25(1‑Ba), 26, 27 and 35 of the Arms Act. Kumar, who has been in custody since 2 January 2026, claimed the shooting was accidental, that he took the injured person to hospital, and that the pistol was recovered from a jewellery shop, not from his possession. He also asserted a clean antecedent. The court, after considering these submissions, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of regular attendance at the police station and verification of his clean antecedent before accepting the bond.
Issues considered
- Whether bail should be granted to the accused despite charges under the B.N.S., 2023 and the Arms Act.
- Whether the evidence shows an intention to kill or merely an accidental discharge.
- Whether the accused's clean antecedent warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 3(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- accidental discharge
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15607 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- Refinery District- Begusarai
======================================================
Nitish Kumar S/O Umesh Sah Village- Bihat Jagir Tola, Ward no. 20, Police
Station- F.C.I. (Barauni) District- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Anjana, Advocate
For the Opposite Party : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Refinery P.S. Case No.145 of 2025 registered for the offence
under sections 109(1), 3(5) of the B.N.S., 2023 and 25(1-B)a,
26, 27 and 35 of the Arms Act.
3. The petitioner is alleged to be buying a
country made pistol. The injured co-accused Suman Kumar was
shot while testing the aforesaid country made pistol. The name
of the petitioner has come in the self-inculpatory statement of
said injured co-accused.
4. The petitioner is in custody since
02.01.2026. He claims clean antecedent.
5. Learned counsel for the petitioner submits
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that the incident had occurred due to accidental firing and in
fact, the petitioner himself took the injured to the hospital for
treatment. He further submits that the pistol in question was
recovered not from the conscious possession of the petitioner
but from a jewellery shop and there is no specific allegation
against the petitioner to have fired upon the injured with an
intention to kill him.
6. Considering the submissions made on behalf
of the petitioner and also the fact that the petitioner has clean
antecedent, this bail application is allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Begusarai / concerned Court
below, in connection with Refinery P.S. Case No.145 of 2025.
8. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at F.C.I. (Barauni) Police Station, District- Begusarai
on first and third Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
9. As the petitioner claims to have clean
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antecedent, the Court below, before accepting the bail bonds of
the petitioner, shall verify the antecedent of the petitioner. The
bail bonds of the petitioner shall only be accepted by the court
below if it is found that he has clean antecedent.
(Sandeep Kumar, J)
pawan/-
U T
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