Patna High Court

Nitesh Kumar @ Nitish KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Nitesh Kumar was arrested in connection with Baligaon P.S. Case No. 138 of 2025 for alleged offences under Sections 25(1‑b)a and 26 of the Arms Act, after a loaded pistol and ammunition were recovered. The petitioner contended that he was falsely implicated and that no arms were found in his conscious possession, while the State opposed his bail. The court examined the facts, the period of custody since 23‑08‑2025, the petitioner’s three prior criminal antecedents, and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these circumstances, the court inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and prohibition on tampering with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Sections 25(1‑b)a and 26 of the Arms Act given the facts of the case.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s period of custody and prior criminal antecedents preclude the grant of bail.

Legislation cited

Arms Act, 1959 — s. 25(1-b)a, 26
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
Section 25(1‑b)a
Section 26
Bharatiya Nagarika Suraksha Sanhita
Section 103
criminal antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88406 of 2025
                      Arising Out of PS. Case No.-138 Year-2025 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Nitesh Kumar @ Nitish Kumar Son of Mr. Yugeshwar Rai R/O Village-
                 Pojhiyan, P.S.- Lalganj, District- Vaishali


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Vaishnavi Singh, Advocate
                 For the Opposite Party/s :        Mr. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Baligaon P.S. Case No. 138 of 2025 instituted for the offences

                   under Sections 25(1-b)a, 26 of the Arms Act.

                               3. As per the F.I.R., one loaded pistol and magazine

                   with four live catridges have been recovered from the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner has got no concern with the recovered arms and
Patna High Court CR. MISC. No.88406 of 2025(2) dt.12-01-2026
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          ammunitions. Charge-sheet has been submitted in this case and

          charge has also been framed. It has been submitted on behalf of

          the petitioner that the petitioner is in custody since 23.08.2025

          and has three criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Baligaon P.S. Case

          No. 138 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.88406 of 2025(2) dt.12-01-2026
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                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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