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Patna High Court

Nitish Kumar @ Nitish Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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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