Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted subject to a Rs.10,000 bond, two sureties, and verification of the petitioner’s antecedent.
Summary
Nitish Kumar sought relief from arrest in a 2018 case alleging violations of the Arms Act and the Bihar Prohibition and Excise (Amendment) Act. The prosecution alleged that two unidentified individuals were found on a motorcycle, bearing illegal weapons, which was registered in the petitioner’s name. The petitioner contended he was not present at the scene, maintained his innocence, and asserted a clean criminal record. The High Court, noting the petitioner was not caught on the motorcycle, allowed the bail application, directing a bail bond of Rs.10,000 with two sureties and a verification of his antecedent before final acceptance. The Court clarified that its order was limited to bail and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner given the circumstances of the alleged offence under the Arms Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner’s clean antecedent and the fact that he was not found on the motorcycle justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- illegal weapons
- antecedent verification
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16196 of 2026
Arising Out of PS. Case No.-613 Year-2018 Thana- PATLIPUTRA District- Patna
======================================================
Nitish Kumar Son of Ram Swarath Mahto Resident of village- Gosai Tola, Ps-
Patliputra, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indeshwari Prasad Mandal
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Patliputra P.S. Case No. 613 of 2018 registered
for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act
and under Section 37(B) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. As per the prosecution case, two unknown
criminal were found on the motorcycle with illegal weapons and
the motorcycle was found to be that of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and was not caught on the spot. He
further submits that the petitioner has clean antecedent.
Patna High Court CR. MISC. No.16196 of 2026(2) dt.24-04-2026
2/2
5. Considering the fact that the petitioner was not
found on the motorcycle, this application is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender within four weeks from today be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Patliputra
P.S. Case No. 613 of 2018.
7. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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