Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16196 of 2026 Arising Out of PS. Case No.-613 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Nitish Kumar Son of Ram Swarath Mahto Resident of village- Gosai Tola, PsPatliputra, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indeshwari Prasad Mandal For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Patliputra P.S. Case No. 613 of 2018 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act and under Section 37(B) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, two unknown criminal were found on the motorcycle with illegal weapons and the motorcycle was found to be that of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and was not caught on the spot. He further submits that the petitioner has clean antecedent.
Patna High Court CR. MISC. No.16196 of 2026(2) dt.24-04-2026 2/2
5. Considering the fact that the petitioner was not found on the motorcycle, this application is allowed.
6. Let the petitioner, above named, in the event of his arrest or surrender within four weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Patliputra P.S. Case No. 613 of 2018.
7. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.
8. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) Vikas/- U