Nishu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43284 of 2026 Arising Out of PS. Case No.-96 Year-2026 Thana- BUDDHACOLONY District- Patna ====================================================== Nishu Son of Dhirendra Ray Resident of Mohalla - New Punaichak, P.O. - G.P.O, Min, P.S. - Kotwali, District - Patna (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Manisha Singh, Advocate For the State :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 191(3), 190, 109 and 118(1), of B.N.S. and Sections 25(1-B)(a) and 27 of the Arms Act.
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, along with some unknown persons, made indiscriminate firing as a result of which, one person sustained gun shot injury.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R.. Name of petitioner surfaced in this case during investigation merely on the basis of confessional statement of apprehended co-accused
Patna High Court CR. MISC. No.43284 of 2026(2) dt.21-07-2026 2/3 Harsh Singh @ Putus. No incriminating article has been recovered from the conscious possession of this petitioner. A second FIR bearing Buddha Colony P.S. Case No. 97 of 2026 was instituted for the same occurrence by injured Vikash Kumar, alleging different story in which injured Vikash Kumar has not named this petitioner as assailant. It is lastly submitted that co-accused Rahul Kumar Gaurav, having similar and identical allegations, has already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 16.04.2026 passed in Cr. Misc. No. 25344 of 2026. Petitioner has got no criminal antecedents and he is in custody since 11.05.2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstance of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned A.C.J.M.-XIV, Patna in connection with
Patna High Court CR. MISC. No.43284 of 2026(2) dt.21-07-2026 3/3 Buddha Colony P.S. Case No. 96 of 2026.
(Prabhat Kumar Singh, J) shashank/- U T