Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner, subject to specified conditions, under Section 482(2) of the B.N.S. 2023.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail after being implicated in a case involving alleged possession of a pistol and several offences under the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) and the Arms Act. The prosecution’s case was based on a police report and the confessional statements of co-accused Dilkhush Kumar, from whose pocket a pistol and cartridge were recovered, but no incriminating material was found on the petitioner. The petitioner argued that he was falsely implicated, is a student, and has no direct evidence against him, though he has a prior bail pending in another Arms Act case. The State opposed anticipatory bail, contending that the petitioner might repeat the alleged conduct. The court, after reviewing the records, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, verification of his criminal antecedent, and the condition that his father act as one of the bailers, invoking Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in view of the allegations and his prior criminal antecedent.
- Whether the confessional statements of co-accused are sufficient to justify denial of anticipatory bail.
- Whether the petitioner’s status as a student and lack of seized material warrant bail despite prior charges under the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bhartiya Nagrik Suraksha Sanhita — s. 115, 117(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Arms Act
- criminal antecedent
- confessional statement
- Bhartiya Nagrik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34276 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Nitish Kumar S/O Chit Narayan Mehta R/O Village- Daulatpur, Ward No. 8,
P.S.- Raghopur, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Singh, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Birpur (Balua Bazar) P.S. Case No. 203 of 2025 registered
for the offences punishable under sections 126(2), 115, 117(2),
352 and 3(5) of the B.N.S. and section 25(1-B)a, 26, 35 of the
Arms Act.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 18.06.2025 at about 18.33 P.M., he received
information that some youths were quarreling at Rampur, Ward
no. 1. Upon such information, the informant along with police
party proceeded to the place of occurrence and reached there at
about 7.00 P.M. The informant found that two persons have
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been surrounded by the local people. Both the persons were
taken into custody by the police and they disclosed their names
as Dilkhush Kumar and Ranjeet Kumar. During the course of
inquiry, the local people disclosed that five youths were
quarreling for some money transactions and three persons have
escaped from there. During course of search, one country made
pistol and one live cartridge were recovered from the pocket of
Dilkhush Kumar. The arrested persons disclosed the name of the
petitioner and others, who fled away from the place of
occurrence.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated, since he was accused in
another case of similar nature. He further submits that petitioner
is a student and passed annual examination of Intermediate in
2020 and has completed his Graduation in 2023. The name of
petitioner transpired in this case on the basis of confessional
statement of the arrested persons. No incriminating article has
been recovered from possession of this petitioner. He further
submits that even the parentage and village name, has wrongly
been mentioned. The petitioner has got one criminal antecedent
of Arms Act and he is on bail in that case.
5. The learned A.P.P. for the State submits that the
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petitioner is accused in similar nature of case and submits that if
he will be allowed the privilege of anticipatory bail, he will
again indulge in the same activity.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that petitioner
was not apprehended at the spot. Arms and ammunition were
recovered from possession of co-accused Dilkhush Kumar. The
petitioner is a student, preparing for competitive examination.
Considering the same, let the above named petitioner, in the
event of arrest/surrender within a period of six weeks, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
Birpur or concerned court/successor court, Supaul in connection
with Birpur (Balua Bazar) P.S. Case No. 203 of 2025, subject to
conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
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above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(ii) One of the bailers should be the father of the
petitioner.
(Ritesh Kumar, J)
vinita/-
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