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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.34276 of 2026(2) dt.19-05-2026
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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
Patna High Court CR. MISC. No.34276 of 2026(2) dt.19-05-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.34276 of 2026(2) dt.19-05-2026
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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/-
U        T


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