Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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