Patna High Court
Nitish Kumar @ Nitish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on the conditions specified by the Court.
Summary
The petitioner, Nitish Kumar Yadav, was arrested in connection with a case registered under Sections 126(2), 115(2), 351(2), 3(5) of the B.N.S and Section 27 of the Arms Act, alleging that he and two others assaulted an informant and discharged a firearm. The informant, however, suffered no physical injury, and the only allegation was the firing of a weapon. The petitioner, who had been in judicial custody since 20‑12‑2025, applied for regular bail claiming innocence and false implication. The State opposed the bail application. The High Court examined the lack of injury, the nature of the allegations, and the petitioner’s right to liberty. Finding no substantive injury and considering the circumstances, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order thus releases the petitioner from custody pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations of assault and firing under the B.N.S and Arms Act.
- Whether the absence of any injury to the alleged victim justifies the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- arms act
- injury
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31782 of 2026
Arising Out of PS. Case No.-707 Year-2025 Thana- BARH District- Patna
======================================================
Nitish Kumar @ Nitish Kumar Yadav S/O Late Sharwan Yadav R/O Village-
Gulab bag, PS- Barh, Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 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 126(2),
115(2), 351(2), 3(5) of the B.N.S and section 27 of Arms Act.
3. The case of the prosecution, in short, is that the
informant has consoled Sumit Kumar while he was having
dispute with a school friend. It is further alleged that Sumit
Kumar called his two friends including the petitioner and they
have assaulted the informant and have also made firing.
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 for the petitioner has submitted that from
Patna High Court CR. MISC. No.31782 of 2026(2) dt.13-05-2026
2/2
perusal of the order of learned trial court it will transpire that
there is no description of any injury. Actually, the informant has
not received any injury. Only allegation is that of making firing.
No one has got any injury out of the firing. Petitioner is
languishing in judicial custody since 20.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
A.C.J.M.-I, Barh, Patna in connection with Barh P.S. Case No.
707 of 2025.
(Ashok Kumar Pandey, J)
Lata/-
Nitu/-
U T
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