Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Nitish Kumar, applied for regular bail in a case registered under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that he was named by the victim as one of the assailants in a shooting incident. He has been in custody since September 12, 2022 and has six prior criminal convictions. The court noted the seriousness of the allegations, the existence of prima facie material linking him to the offence, and his criminal antecedents. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations are limited to the bail application and will not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving attempt to murder and unlawful possession of arms
- Whether the presence of prima facie evidence and prior criminal antecedents justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- Arms Act
- criminal antecedents
- prima facie evidence
- Indian Penal Code
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37131 of 2026
Arising Out of PS. Case No.-830 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Nitish Kumar S/o Ravindra Ray esident of Village - Hathsaraganj, P.S. -
Nagar (Town) Hajipur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hajipur Sadar P.S. Case No. 830 of 2020 registered for the
offence under Sections 307/34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. Unknown criminals fired upon the son of the
informant; two bullets hit the victim. The victim in his statement
has named the petitioner as one of the assailants. The petitioner
is in custody since 12.09.2022 and has 6 criminal antecedents.
4. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against
the petitioner indicating his involvement in the commission of
the offence.
Patna High Court CR. MISC. No.37131 of 2026(2) dt.30-06-2026
2/2
5. Considering the aforesaid facts as well as the
criminal antecedents of the petitioner, this Court is not inclined
to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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