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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Nitish Kumar, sought bail after being implicated in a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act, based on the testimony of a co‑accused who claimed the firearms seized belonged to him. The prosecution alleged that on 26‑03‑2025 a person named Chandan Kumar was apprehended with firearms and identified the petitioner as another accused. The petitioner contended he had committed no offence and only had a prior criminal case for which he was out on bail. The court considered the seriousness of the arms offences and the petitioner’s existing criminal antecedent. Concluding that the nature and gravity of the alleged offences, coupled with the prior record, warranted denial of bail, the judge rejected the bail application.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal antecedent
  • apprehension
  • offence severity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90407 of 2025
                      Arising Out of PS. Case No.-94 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Nitish Kumar, Son of Sikindra Prasad @ Sikandar Kumar Ray, R/o Village -
                 Bijbani, P.S. - Jitna, District - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences under Sections 25(1-B)a, 26 and 35

                   of the Arms Act.

                                3. As per the prosecution case, the informant alleged

                   that on 26.03.2025, on information regarding one person having

                   weapon, one Chandan Kumar was apprehended with firearms

                   and pistol who disclosed the name of other accused persons

                   including the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has committed no offence. The apprehended co-

                   accused named this petitioner and disclosed that the seized
            Patna High Court CR. MISC. No.90407 of 2025(2) dt.19-01-2026
                                                        2/2




                      firearm belongs to this petitioner. Petitioner has got one criminal

                      antecedent in which he is on bail.

                                   5. Considering the nature and gravity of the offence

                      and the fact that the petitioner has one criminal antecedent, I am

                      not inclined to grant bail to the petitioner, and the same is

                      accordingly rejected.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T


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