Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions stipulated under Section 480(3) of the B.N.S.S.
Summary
Nitish Kumar was arrested in connection with a shooting incident and charged under Sections 309(6) and 109 of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that he was one of three miscreants who fired at an informant, causing a bullet injury. The petitioner contended that he was falsely implicated, no incriminating material was recovered, and he has a clean antecedent, having been in custody since 07.03.2025. The State opposed bail, while the court considered the framing of charges, the period of custody, and the petitioner's clean record. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and requiring the petitioner’s presence in court.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 309(6) and 109 of the B.N.S., 2023 and Section 27 of the Arms Act.
- Whether the petitioner’s clean antecedent and the circumstances of the case justify bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 309(6)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- false implication
- Arms Act
- criminal procedure
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68854 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Nitish Kumar Son of Bijendra Rai, Resident of village -Maheswa, Ward No
10, PS- Madhepura, (Bharrai OP), Dist- Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with S.T. No. 164 of 2025, arising out of Madhepura
P.S. Case No. 82 of 2025 dated 19.01.2025, registered for the
offences punishable under Sections 309(6) and 109 of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, while the informant
had been returning home after his job, three miscreants on one
motorcycle tried to stop him. The informant sped away his
motorcycle fearing danger. While fleeing away from the spot,
the other motorcycle borne criminals fired upon the informant,
who received a bullet injury.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
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the present case. Nothing incriminating has been recovered from
person or possession of this petitioner. There is general and
omnibus allegation of firing against this petitioner. The
prosecution story is not believable that informant identified the
petitioner in the light of a vehicle. Learned counsel next submits
that petitioner is having clean antecedent. Learned counsel lastly
submits that petitioner is in custody since 07.03.2025 and
charges have been framed in this case.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
framing of charge and also considering petitioner’s period of
custody and his clean antecedent, the petitioner, above-named,
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned District and
Additional Sessions Judge-IX, Madhepura / concerned Court, in
connection with Madhepura P.S. Case No. 82 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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