Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Nitesh Kumar, sought regular bail in a case registered under Sections 25(1‑B)(i), 25(ix), 26 and 35 of the Arms Act, alleging that he was falsely implicated based solely on the co‑accused's statement. The FIR alleged that a video showed the co‑accused brandishing a pistol, and a country‑made pistol and live cartridge were recovered from the co‑accused's house, not the petitioner's. The petitioner argued that no incriminating article was found in his possession or residence and that he had been in custody since 27‑Oct‑2025. The State opposed the bail. The Court, after considering the facts, granted bail on a cash bond of Rs.10,000 with two sureties, subject to conditions including cooperation with trial, regular reporting to the police, and non‑tampering with evidence or witnesses. The application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Arms Act.
- Whether the allegations against the petitioner, based solely on the co‑accused's statement, justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(i), 25(ix), 26, 35
Subjects
- regular bail
- Arms Act
- false implication
- co‑accused statement
- bail conditions
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2663 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Nitesh Kumar S/o Late Bechan Sahni R/o vill- Mukundpur, Gopinath, PS-
Jandaha, District- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghu Raj Pratap, Advocate
Mr. Jaya Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Jandaha P.S.
Case No. 428 of 2025 dated 25.10.2025, registered under
Sections 25(1-B)(i), 25(ix), 26 and 35 of the Arms Act.
3.As per the allegations made in the FIR, a video was
flashed on social media wherein the co-accused, Ankit Kumar,
was seen brandishing a pistol. It is further alleged that after
search, one country-made pistol and one live cartridge were
recovered from the house of the said Ankit Kumar. During
interrogation, the said co-accused disclosed the name of the
petitioner stating that the petitioner had handed over the
aforesaid pistol to him for safe-keeping.
Patna High Court CR. MISC. No.2663 of 2026(3) dt.23-02-2026
2/3
4.Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the name of the
petitioner has surfaced in the instant case merely on the basis of
the disclosure made by the co-accused, Ankit Kumar. No
incriminating article has been recovered either from the
conscious possession or from the house of the petitioner. On the
contrary, the alleged country-made pistol and live cartridge were
recovered from the house of the co-accused, Ankit Kumar, who
has already been granted bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 28.01.2026 passed in Cr. Misc.
No. 4096 of 2026. Lastly, it is submitted that the petitioner has
been in custody since 27.10.2025 and four criminal cases are
stated to be pending against him.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court Sub Judge -VIII
cum- ACJM -VIII, Vaishali at Hajipur or concerned Court in
Patna High Court CR. MISC. No.2663 of 2026(3) dt.23-02-2026
3/3
connection with Jandaha P.S. Case No. 428 of 2025, subject to
the following conditions:(i) that the petitioner shall co-operate
in the trial and shall be properly represented on each and every
date fixed 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) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse (iv)
that 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 and (v) that the petitioner will appear before
the SHO of concerned PS in the first week of each month till the
framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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