Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is disposed with a direction to the trial judge to advise the accused to plead guilty, and if he does not, to grant bail.
Summary
The petitioner, Nitish Kumar, was arrested in October 2022 for alleged possession of a pistol and two live cartridges, charged under sections 25(1‑B)A, 26 and 35 of the Arms Act. He has been in custody for over three years and faces a maximum sentence of three years, while also being implicated in fifteen other criminal cases. The petitioner applied for bail, arguing that the trial is before a magistrate and the maximum punishment has already been served. The court noted that the petitioner should be advised to plead guilty before the trial judge, which would result in his release. The court directed the trial judge to explain the consequences of pleading guilty and, if the petitioner refuses, to grant bail. The bail application was therefore disposed with the said direction.
Issues considered
- Whether the petitioner is entitled to bail under the Arms Act after having been in custody for the maximum term of three years
- Whether the trial judge should advise the accused to plead guilty before considering bail
Legislation cited
- Arms Act — s. 25(1‑B)A, 26, 35
Subjects
- bail
- Arms Act
- plea guilty
- custody
- trial judge
- maximum punishment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22051 of 2026
Arising Out of PS. Case No.-169 Year-2022 Thana- PHULWARIA District- Begusarai
======================================================
Nitish Kumar S/O Gopal Singh R/O Vill.- Pahsara, P.S.- Nawkothi, Dist.-
Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shubhesh Pandey, Advocate
For the Opposite Party : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Phulwaria P.S. Case No.169 of 2022 registered for the offence
under sections 25(1-B)A/26/35 of the Arms Act.
3. It is alleged that one country made pistol and
two live cartridges have been recovered form the petitioner.
4. Learned counsel for the petitioner submits
that the petitioner is in custody since 11.10.2022 and this case is
triable by the Magistrate and the maximum punishment is of
three years. He further submits that the petitioner is accused in
15 more criminal cases.
5. In my opinion, considering the custody of
the petitioner, he should have been advised to plead guilty in the
Court below.
Patna High Court CR. MISC. No.22051 of 2026(2) dt.08-04-2026
2/2
6. In these circumstances, this application is
disposed of with a direction to the trial Judge to explain it to the
accused that he has served the maximum punishment of three
years and if he pleads guilty, he will be released from the
custody. In case, the petitioner still does not plead guilty after
being told about the legal consequences, he shall be released on
bail by the Court below.
(Sandeep Kumar, J)
pawan/-
U T
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