Patna High CourtCR. MISC./49415/2025bail granted

Nirmal Kumar v. The State Of Bihar

2025-10-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49415 of 2025 Arising Out of PS. Case No.-554 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Nirmal kumar S/o Parmanand Paswan @ Paramananda Pasavan R/o vill - Patam, P.S.- Ramnagar, Distt.- Munger (Bihar), At present R/o vill - Police Center, Bettiah, P.s.- Bettiah Town, distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. Earlier, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court vide order dated 08.05.2025 passed in Cr. Misc. No. 88711 of 2024.

3. The petitioner seeks bail in connection with Motihari Town P.S. Case No. 554 of 2024, instituted for the offences punishable under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that the petitioner surrendered only one of the issued arms and fraudulently obtained NOC.

Patna High Court CR. MISC. No.49415 of 2025(4) dt.13-10-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has been falsely implicated in this case on false and baseless allegation arising from administrative lapses and internal departmental miscommunication. It is further submitted that the petitioner has already surrendered his all guns and cartridges and has also obtained "No dues", but due to misunderstanding, he has been implicated in this case. The petitioner is in custody since 13.05.2025 and has got no criminal antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.49415 of 2025(4) dt.13-10-2025 3/3 below/concerned Court in connection with Motihari Town P.S. Case No. 554 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T