Nitesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2066 of 2026
                       Arising Out of PS. Case No.-421 Year-2025 Thana- BHORE District- Gopalganj
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                 Nitesh Kumar Son of Ramaji Manjhi Resident of Village- Gausesiya
                 (Lamechour), P.S.- Jagtauli, O.P. Bhore, District- Gopalganj

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                  Heard Mr. Pankaj Kumar Dubey, learned counsel for

                   the petitioner and Mr. Dr. Kumar Uday Pratap learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   18.08.2025 in connection with Bhore P.S. Case No. 421 of 2025,

                   F.I.R. dated 17.08.2025             for the offences punishable under

                   Sections 25(1-B)a, 26 and 35 of the Arms Act.

                                3. According to prosecution case, one country-made

                   pistol and one mobile phone was recovered from the possession

                   of co-accused, Dhiraj Kumar Singh, one live cartridge and one

                   mobile phone was recovered from the possession of petitioner,

                   one live cartridge and one mobile phone was recovered from the

                   possession of the co-accused, Krishna Kumar, one live cartridge

                   and one mobile phone was recovered from the possession of the
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          co-accused, Sohil Kumar. One T.V.S Appache motorcycle

          without registration number and one Hero motorcycle was

          recovered from the house of Yadunandan Kumar.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. There is non-compliance of Section 100 of

          Cr.P.C/103 of B.N.S.S. It appears from the FIR that only one

          live cartridge was recovered from the possession of the

          petitioner and arms have been recovered from the possession of

          other co-accused persons. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 18.08.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries four criminal antecedent other than

          the present one but fairly submits that out of four cases, the

          petitioner is on bail in two cases and rest two cases are pending

          for consideration before the competent court of law as

          mentioned in paragraph 3 of the bail petition.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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                       the like amount each to the satisfaction of the learned S.D.J.M.,

                       Gopalganj in connection with Bhore P.S. Case No. 421 of 2025,

                       subject to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T