Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Nitish Kumar was arrested in connection with a case registered under IPC sections 326, 379, 307 and 34, and Section 27 of the Arms Act, alleging that he entered an informant's house and fired a gun, striking the informant's thigh. The petitioner contended that he was falsely implicated, highlighted a two‑day delay in filing the FIR, the lack of a proper injury report, and that only a single shot hit a non‑vital part of the body. He had been in judicial custody since 8 December 2025 and sought regular bail. The State opposed the bail application. Considering the delay, the nature of the injury, and the petitioner’s cooperation, the High Court granted regular bail on a bond of Rs 10,000 with two sureties, subject to his appearance at every trial date.
Issues considered
- Whether regular bail should be granted in a case involving offences of grievous hurt, theft, attempt to murder and unlawful possession of arms.
- Whether the delay in filing the FIR and the absence of a detailed injury report justify granting bail.
- Whether the fact that only a single shot hit a non‑vital part of the body reduces the gravity of the offences for bail considerations.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 326, 34, 379
Subjects
- bail
- IPC
- Arms Act
- grievous hurt
- attempt to murder
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28413 of 2026
Arising Out of PS. Case No.-209 Year-2020 Thana- BAKHTIYARPUR District- Patna
======================================================
Nitish Kumar S/O Ravindra Ray @ Ravindra singh R/O Vill.- Champapur
(Dedaur),P.S- Bakhtiyarpur, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lal Babu Singh, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 326, 379,
307 and 34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The case of the prosecution is that the petitioner
entered in the house of the informant and made a fire which hit
the thigh of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.28413 of 2026(2) dt.05-05-2026
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upon perusal of the FIR, it would transpire that the alleged
occurrence took place on 18.08.2020 whereas the FIR was
lodged on 20.08.2020, after a delay of two days without proper
explanation It is also submitted that the informant was not
treated at Sadar Hospital rather his treatment was done at a
private Hospital. It is further submitted that from perusal of the
order of the learned trial Court, no finding has been recorded
regarding the injury report. It is further submitted that there is
no allegation of repeated firing and only a single gunshot is
alleged to have been fired which hit the thigh of the informant, a
non-vital part of the body. Moreover, the petitioner is
languishing in judicial custody since 08.12.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Bakhtiyarpur P.S. Case No. 209 of 2020
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-III, Barh, Patna, subject to the condition that the
petitioner shall cooperate in the trial as the case is of the year
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2020. He is further directed to remain physically present on
each and every date till the conclusion of the trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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