Patna High CourtCR. MISC./28607/2026bail granted

Nitish Kumar v. The State Of Bihar

2026-07-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28607 of 2026 Arising Out of PS. Case No.-32 Year-2025 Thana- DHARHARA District- Munger ====================================================== Nitish Kumar Son of Suraj Saw @ Suryanarayan Sah Resident of village - Govindpur, P.S.- Dharahra, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dharhara P.S. Case no.32 of 2025 registered under sections 132, 109, 121 and 324(4) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per the prosecution case, a country made pistol was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. It is further submitted that as stated in paragraph no.3 of the petition, so far as the other cases are concerned i.e., Dharahra P.S. Case nos.9/2025, 30/2025 and 31/2025, in all the three

Patna High Court CR. MISC. No.28607 of 2026(4) dt.01-07-2026 2/2 cases the petitioner has already been enlarged on bail. In the instant case, the petitioner is in custody since 6.3.2025 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the instant FIR together with the petitioner having remained in custody for over 1 year 3 months since 6.3.2025 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dharhara P.S. Case no.32 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger.

(Partha Sarthy, J) Shiv/- U T