Patna High Court
Chhotey Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)(a), 26, 35
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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