Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90417 of 2025 Arising Out of PS. Case No.-407 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Nishant Kumar S/O Praveen Kumar @ Praveen Singh R/O VillageAzamgarh Nagwan, P.S-Dumra, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Devendra Kumar, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on 18.08.2025 at about 4 PM, during checking, two persons were apprehended with illegal arms and ammunition and one person managed to flee away. The apprehended persons disclosed the name of this petitioner as the person who managed to flee away.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.90417 of 2025(3) dt.02-02-2026 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. No arms or ammunition has been recovered from possession of this petitioner and he has falsely been implicated in this case merely on the basis of disclosure made by apprehended co-accused persons. Save and except the same, there is no other material on record to show the complicity of this petitioner in the alleged occurrence. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 407 of 2025,

Patna High Court CR. MISC. No.90417 of 2025(3) dt.02-02-2026 3/3 subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T