Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding no specific allegation against him and deeming the bail bond sufficient.
Summary
The petitioner, Nitish Kumar, was implicated in a FIR alleging offences under sections 331(4), 191(3), 115(2), 126(2), 109 of the Indian Penal Code and section 27 of the Arms Act, arising from an incident where miscreants attacked an informant’s family and shot the informant’s son. The petitioner argues that the FIR contains only a general, omnibus allegation and that his name appears solely in the confessional statement of a co‑accused, with no specific charge against him. He has been in judicial custody since 25‑02‑2025 and seeks regular bail. The State opposes the bail on the ground of the serious nature of the offences. After hearing both sides, the Court found the lack of specific allegation against the petitioner sufficient to grant regular bail, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail when his name appears only in a co‑accused’s confessional statement and no specific charge is framed against him.
- Whether the seriousness of the offences under the IPC and Arms Act justifies denial of bail.
- Whether an omnibus FIR affects the court’s discretion to grant bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115(2), 126(2), 191(3), 331(4)
Subjects
- regular bail
- omnibus FIR
- confessional statement
- Indian Penal Code
- Arms Act
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.352 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Nitish Kumar S/o Ganesh Prasad Yadav @ Ganesh Yadav R/o Village-
Dumrail Ward No.3, Saharsa, P.S- Saharsa Sadar, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 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 331(4), 191(3),
115(2), 126(2), 109 of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that while the informant
along with his son and daughter was sleeping in the house that at
about 12:30 AM, someone knocked the door. When the son of the
informant came out after opening the door, those miscreants started
abusing and beating him. The informant came out after hearing the
noise and he saw that 5-6 persons were beating his son. When the
informant tried to rescue his son, they fired bullet one of which hit
informant’s son below his right chest and another bullet hit on
informant’s right thigh.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.352 of 2026(2) dt.05-02-2026
2/2
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the FIR was lodged against unknown
miscreants and during course of investigation, the name of this
petitioner has surfaced in the confessional statement of co-accused
person. There is no any specific allegation against this petitioner.
The nature of allegation is general and omnibus. Save and except,
confessional statement, there is nothing against this petitioner.
Moreover, he is languishing in judicial custody since 25.02.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular 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 released on bail in connection with
Saharsa Sadar P.S. Case No. 208 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional Sessions
Judge IV, Saharsa.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…