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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Nitish Kumar was arrested in connection with a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act after a pistol and magazine were recovered from his possession. The petitioner claimed he was falsely implicated, citing a confessional statement by another accused that the weapon used in a different case was kept with him, and argued that the police seizure did not comply with Section 105 of the BNSS. He also highlighted his clean criminal record and that he had been in judicial custody since 29‑11‑2025. The State opposed the bail application. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to an accused under the Arms Act (Sections 25(1‑B)a, 26, 35).
  • Whether the police seizure complied with the procedural requirements of Section 105 of the BNSS.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • confessional statement
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24854 of 2026
                       Arising Out of PS. Case No.-132 Year-2025 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Nitish Kumar Son of Raju Ray Resident of Village- Chausia, P.S.- Pahleja
                 (Sonpur), District- Saran

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Pahleja P.S. Case No. 132 of 2025 registered for the offence

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

                                3. The case of the prosecution, in short, is that from the

                   possession of the petitioner, one country made pistol and a

                   magazine were recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel also submits that the police has recorded the confessional

                   statement of Sahil @ Golu wherein he has stated that the weapon

                   used in Paheja P.S. Case No. 130 of 2025 is kept with the
           Patna High Court CR. MISC. No.24854 of 2026(2) dt.18-04-2026
                                                       2/2




                     petitioner, and on this input, the petitioner was searched and the

                     weapon was recovered. He further submits that nothing has been

                     recovered from the possession of the petitioner. The witnesses of

                     the seizure list are police personnel, and the police has not

                     complied with Section 105 of the BNSS while making the seizure.

                     Moreover, a statement has been made in para 3 of the petition that

                     petitioner has no criminal antecedent and he is languishing in

                     judicial custody since 29.11.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                     the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Saran at Chhapra in connection with Pahleja

                     P.S. Case No. 132 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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