Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28413 of 2026 Arising Out of PS. Case No.-209 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Nitish Kumar S/O Ravindra Ray @ Ravindra singh R/O Vill.- Champapur (Dedaur),P.S- Bakhtiyarpur, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Babu Singh, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 326, 379, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner entered in the house of the informant and made a fire which hit the thigh of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.28413 of 2026(2) dt.05-05-2026 2/3 upon perusal of the FIR, it would transpire that the alleged occurrence took place on 18.08.2020 whereas the FIR was lodged on 20.08.2020, after a delay of two days without proper explanation It is also submitted that the informant was not treated at Sadar Hospital rather his treatment was done at a private Hospital. It is further submitted that from perusal of the order of the learned trial Court, no finding has been recorded regarding the injury report. It is further submitted that there is no allegation of repeated firing and only a single gunshot is alleged to have been fired which hit the thigh of the informant, a non-vital part of the body. Moreover, the petitioner is languishing in judicial custody since 08.12.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 209 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Barh, Patna, subject to the condition that the petitioner shall cooperate in the trial as the case is of the year

Patna High Court CR. MISC. No.28413 of 2026(2) dt.05-05-2026 3/3 2020. He is further directed to remain physically present on each and every date till the conclusion of the trial. (Ashok Kumar Pandey, J) Jagdish/- U T