Nagmani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56190 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Nagmani Kumar S/O Prem Thakur Resident of Village- Kalyanpur Uttar, Ward No. 12, Police Station- Bibhutipur, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 111 of 2025 instituted for the offences under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, police during investigation of case bearing Bibhutipur P.S. Case No. 110 of 2025, apprehended three accused persons including this petitioner. It is further alleged that one loaded country-made pistol was recovered from the waist of one Karan Ray. Further, from the bag of this petitioner, 1 kg. horlicks, 5 packet cashew nuts, 14 pieces gutka, 1 pack cigarette, two mobile phones, Rs. 6250/- in cash and coins amounting to Rs. 580/- was recovered.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.56190 of 2025(2) dt.21-08-2025 2/2 petitioner has falsely been implicated in the present case. No incriminating/looted article has been recovered from the conscious possession of the petitioner rather the recovery of arms has been made from the co-accused person. Learned counsel further submitted that petitioner has got no concern with the recovered arms. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.03.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 below/concerned Court in connection with Bibhutipur P.S. Case No. 111 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T