Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)(a), 26, 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 121, 132, 324(4)
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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