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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a FIR (Dharhara P.S. Case No.32 of 2025) alleging offences under sections 132, 109, 121 and 324(4) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 27 of the Arms Act. The prosecution claimed a country‑made pistol was recovered from his possession, while the petitioner contended he was falsely implicated and that no incriminating article was found on him. He had already been granted bail in three related cases and had been in custody since 6 March 2025, with a chargesheet already filed. The State opposed the bail application. The High Court, noting the petitioner’s prolonged detention of over a year and the filing of the chargesheet, ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Munger.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged under the Bhartiya Nyaya Sanhita and the Arms Act
  • Whether the length of pre‑trial detention and the filing of the chargesheet justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • pre‑trial detention
  • chargesheet
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28607 of 2026
                      Arising Out of PS. Case No.-32 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
                 Nitish Kumar Son of Suraj Saw @ Suryanarayan Sah Resident of village -
                 Govindpur, P.S.- Dharahra, Distt.- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kamal Nayan, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   01-07-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Dharhara P.S. Case

                   no.32 of 2025 registered under sections 132, 109, 121 and

                   324(4) of the Bhartiya Nyaya Sanhita, 2023 and sections

                   25(1-B)(a), 26 and 27 of the Arms Act.

                                3. As per the prosecution case, a country made pistol

                   was recovered from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No

                   incriminating article has been recovered from his possession. It

                   is further submitted that as stated in paragraph no.3 of the

                   petition, so far as the other cases are concerned i.e., Dharahra

                   P.S. Case nos.9/2025, 30/2025 and 31/2025, in all the three
             Patna High Court CR. MISC. No.28607 of 2026(4) dt.01-07-2026
                                                         2/2




                       cases the petitioner has already been enlarged on bail. In the

                       instant case, the petitioner is in custody since 6.3.2025 and

                       chargesheet has been submitted in the case.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegation against the petitioner in

                       the instant FIR together with the petitioner having remained in

                       custody for over 1 year 3 months since 6.3.2025 and charge-

                       sheet having been submitted in the case, the petitioner is

                       directed to be enlarged on bail in connection with Dharhara P.S.

                       Case no.32 of 2025 on furnishing bail bond of Rs.10,000/-

                       (Rupees Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of the learned Chief Judicial Magistrate,

                       Munger.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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