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Patna High Court

Chhotey Kumar @ Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail in the present case.

Summary

Chhotey Kumar was arrested in connection with a firearm incident under sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that a boy was injured by friends who fired a pistol, and live cartridges were recovered from the accused. The petitioner contended he was falsely implicated, no incriminating article was recovered from him, and the case diary lacked an injury report. He had been in custody for over five months, had no prior criminal record, and a charge‑sheet had been filed. Considering the lack of substantive evidence, the prolonged pre‑trial detention, and his clean antecedents, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Arms Act charges given the circumstances of the case
  • Whether the absence of an injury report and lack of incriminating material against the petitioner justify granting bail
  • Whether the prolonged pre‑trial detention violates the petitioner’s right to liberty

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • pre‑trial detention
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87620 of 2025
                     Arising Out of PS. Case No.-368 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Chhotey Kumar @ Nitish Kumar S/o Bina Jamadar R/o Nurmohimuddinpur,
                 PS- Parsa Bazar, District- Patna
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kameshwar Singh, Advocate
                                                 Ms. Saloni Sinha, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   20-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Parsa Bazar P.S. Case

                   no.368 of 2025 registered under sections 25(1-B)(a), 26 and 35

                   of the Arms Act.

                                 3. As per the prosecution case, the informant states

                   that seeing a gathering of the local public, on enquiry it

                   transpired that son of Dharmendra had sustained firearm injury.

                   On further investigation it transpired that some of the friends of

                   the boy had fired as a result of which he was injured. The

                   injured was taken to the Sadar hospital for treatment and none

                   of the members of family were available. The informant further

                   states that the accused persons including the petitioner herein

                   were caught and on disclosure by them, the country made pistol
Patna High Court CR. MISC. No.87620 of 2025(3) dt.20-02-2026
                                            2/3




          with six live cartridges was recovered. Further on search of the

          co-accused, three more live cartridges were recovered.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. Neither any

          incriminating article has been recovered as a result of the

          confessional statement of the petitioner or any other co-accused

          nor any incriminating article recovered from their possession. It

          is further submitted that there is no injury report of the son of

          the informant available in the case diary. The petitioner is in

          custody since 31.8.2025 and has no criminal antecedent.

          Chargesheet has been submitted in the case.

                       5. The application for bail is opposed by learned A.P.P

          for the State, however having gone through the contents of the

          case diary, it is not disputed that there is no injury report of the

          son of the informant available in the case diary.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, the petitioner

          having remained in custody for over 5 months since 31.8.2025,

          not having any criminal antecedent and charge-sheet having

          been submitted in the case, the petitioner is directed to be

          enlarged on bail in connection with Parsa Bazar P.S. Case
             Patna High Court CR. MISC. No.87620 of 2025(3) dt.20-02-2026
                                                         3/3




                       no.368 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Judicial Magistrate, 1st Class, Patna.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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