Patna High Court

Nishant KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, in view of the lack of substantive evidence and the petitioner’s clean antecedents, anticipatory bail is warranted under Section 482(2) of the CrPC.

Summary

The petitioner, Nishant Kumar, was implicated in an arms case (Sections 25(1‑B)a, 26 and 35 of the Arms Act) after co‑accused persons identified him as the individual who fled the scene. No arms or ammunition were recovered from him and he asserted that he had no involvement, relying on his clean antecedents. The State opposed his application for anticipatory bail. The High Court, considering the lack of material evidence against the petitioner and his clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner accused under the Arms Act on the basis of co‑accused testimony alone.
Whether the petitioner’s clean antecedents and absence of seized arms justify the grant of anticipatory bail.

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Arms Act
false implication
co‑accused testimony
clean antecedents
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90417 of 2025

                       Arising Out of PS. Case No.-407 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Nishant Kumar S/O Praveen Kumar @ Praveen Singh R/O Village-
                 Azamgarh Nagwan, P.S-Dumra, Distt.-Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Devendra Kumar, Advocate
                 For the State            :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 25(1-B)a,

                   26 and 35 of the Arms Act.

                                3. As per prosecution case, on 18.08.2025 at about 4

                   PM, during checking, two persons were apprehended with

                   illegal arms and ammunition and one person managed to flee

                   away. The apprehended persons disclosed the name of this

                   petitioner as the person who managed to flee away.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.90417 of 2025(3) dt.02-02-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. No arms or ammunition has been

          recovered from possession of this petitioner and he has falsely

          been implicated in this case merely on the basis of disclosure

          made by apprehended co-accused persons. Save and except the

          same, there is no other material on record to show the

          complicity of this petitioner in the alleged occurrence. Petitioner

          claims clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Sitamarhi in connection with Dumra P.S. Case No. 407 of 2025,
             Patna High Court CR. MISC. No.90417 of 2025(3) dt.02-02-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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