Nayan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7500 of 2026 Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Nayan Kumar, Son of Dharmendra Kumar, resident of Village - Dhobini Bisiyait, Police Station - Meskaur, District - Nawada (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 527 of 2025 dated 02.06.2025, instituted for the offence punishable under Section 310(4), 310(5) of the Bhartiya Nyaya Sanhita, 2023, and Section 25(1-B)a,26,35 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, the police team got a clue that some criminal gang is planning to commit dacoity. Thereafter, the police team during patrolling, apprehended two accused persons, namely, Manish Kumar and Naveen with two motorcycles, who disclosed the name of the petitioner. They confessed that they had gathered to commit the robbery. It is alleged that two country-made pistol
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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has been made accused in this case only on the basis of confessional statement of Chandan Kumar and Manish Kumar. Except confessional statement, there is nothing on record to connect the petitioner with the alleged crime. It is further submitted that the Chandan Kumar and Manish Kumar, who were apprehended at the spot and arms were recovered from them, have been granted bail vide order dated 09.09.2025 & 09.01.2026 passed by co-ordinate Benches of this Court in Criminal Miscellaneous Nos. 60573 of 2025 & 85708 of 2025 respectively (Annexure-P/2 & P/3). Lastly, it has been submitted that the petitioner is in custody since 11.09.2025 having eight scriminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
3/4 to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Muffasil P.S. Case No. 527 of 2025, as well as the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
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5. The petitioner within two weeks after his release from custody shall appear before the local police station along with a copy of this order and thereafter shall appear in the first week of every month to mark his attendance till the conclusion of trial.
(Khatim Reza, J) premchand/- U T