Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80888 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- HAJIPUR RAIL P.S. District- Saran ====================================================== 1.

Nitish Kumar S/O Late Nehru Sah Resident of Village- Chakhusaini (Chak Hussaini), Ward No. 04, Post and P.S- Mansi, District- Khagaria, Bihar851214. 2.

Ravindra Kumar S/O Dashrath Pandit Resident of Village- Chakhusaini (Chak Hussaini), Ward No. 04, Post and P.S- Mansi, District- Khagaria, Bihar- 851214.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and Mr. Ram Anurag Singh, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 111 and 318(4) of the BNS and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution in short is that from a Bolero car DL, Aadhar card, PAN card, arms license was found. From the front and rear seat of the car 50 live cartridges wrapped in black colour foil were also recovered.

4. Learned counsel for the petitioners has submitted that the petitioners were also in that car. Co-accused Sona has

Patna High Court CR. MISC. No.80888 of 2025(2) dt.03-12-2025 2/3 disclosed that Jagdish Prasad Nirala has died in July, 2024 and on the request of Indrajeet Kumar, the said license was obtained from Khagaria and on that basis he received 5 rounds of live cartridges from Vishal Gun House and came to Hajipur to sell it to Chandeshwar Kumar. Learned counsel for the petitioners has submitted that it is clear that the bullets were brought by one Sona Kumar and the same were to delivered to Chandeshwar Kumar. The petitioners were only passenger in the car. Learned counsel for the petitioners has submitted that Chandeshwar Kumar has been granted bail by the learned Co-ordinate Bench vide Cr. Misc. No. 72672 of 2025. The case of these petitioners stand on better footing.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioners.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail with a condition that the petitioners shall co-operate in the trial and shall present themselves in the trial court whenever required. The above named petitioners are directed to be released on bail in connection with Hajipur Rail P.S. Case No. 112 of 2025 corresponding to G.R. No. 390 of 2025 on furnishing bail bond

Patna High Court CR. MISC. No.80888 of 2025(2) dt.03-12-2025 3/3 of Rs.10,000/- (Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonepur.

(Ashok Kumar Pandey, J) durgesh/- U T