Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22051 of 2026 Arising Out of PS. Case No.-169 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Nitish Kumar S/O Gopal Singh R/O Vill.- Pahsara, P.S.- Nawkothi, Dist.- Begusarai.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the Opposite Party :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Phulwaria P.S. Case No.169 of 2022 registered for the offence under sections 25(1-B)A/26/35 of the Arms Act. 3.

It is alleged that one country made pistol and two live cartridges have been recovered form the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.10.2022 and this case is triable by the Magistrate and the maximum punishment is of three years. He further submits that the petitioner is accused in 15 more criminal cases.

5.

In my opinion, considering the custody of the petitioner, he should have been advised to plead guilty in the Court below.

Patna High Court CR. MISC. No.22051 of 2026(2) dt.08-04-2026 2/2 6.

In these circumstances, this application is disposed of with a direction to the trial Judge to explain it to the accused that he has served the maximum punishment of three years and if he pleads guilty, he will be released from the custody. In case, the petitioner still does not plead guilty after being told about the legal consequences, he shall be released on bail by the Court below.

(Sandeep Kumar, J) pawan/- U T