Nirmal Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Nirmal Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 399 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and: (i) one of the bailors to be a close relative of the petitioner; (ii) the petitioner to remain present on each and every date fixed by the court below; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of the terms of bail.

Issue for consideration

Whether the petitioner, apprehended in Beldour P.S. Case No. 399 of 2024 (registered under Sections 132, 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26, 27, 35 of the Arms Act) and in custody since 18.11.2024 with charge-sheet submitted, should be released on bail.

Court's answer

Bail was granted having regard to the facts and circumstances, the submissions made on behalf of the parties, the petitioner's period of custody and the submission of the charge-sheet.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 399 of 2024.

Key takeaways

Bail was made subject to the conditions mentioned in Section 480(3) of BNSS and further conditions: (i) one of the bailors to be a close relative of the petitioner; (ii) the petitioner to remain present on each and every date fixed by the court below; and (iii) the bail bond to be liable to cancellation on absence on three consecutive dates or violation of the terms of bail.ratio¶¶26

Detailed headnote1 paragraphs

Bail granted. Nirmal Kumar s/o Sulen Yadav (village Pirangara, P.S. Beldaur, District Khagaria), in custody since 18.11.2024 in Beldour P.S. Case No. 399 of 2024 — registered for alleged offences under Sections 132, 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26, 27, 35 of the Arms Act, arising from an alleged police–STF encounter in which a loaded country-made Katta, one cartridge, a bandolier containing 12 live cartridges, three motorcycles and a mobile phone were purportedly recovered from or near the apprehended petitioner — was directed to be released on bail by the Patna High Court (Arun Kumar Jha, J.), considering his period of custody and submission of the charge-sheet, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each to the learned Chief Judicial Magistrate, Khagaria, subject to the conditions in Section 480(3) of BNSS and further conditions (one bailor a close relative; presence on every date fixed by the court below; bail bond cancellable on absence on three consecutive dates or violation of bail terms). The petitioner had antecedents of four cases and was on bail in all but one.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21365 of 2025

Arising Out of PS. Case No.-399 Year-2024 Thana- BELDOUR District- Khagaria

======================================================

Nirmal Kumar Son of Sulen Yadav Resident of village - Pirangara, P.S.Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 06-08-2025

Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Beldour P.S. Case No. 399 of 2024 registered for the alleged offences under Sections 132, 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 26, 27, 35 of the Arms Act.

As per prosecution case, police received information about assembly of some armed criminals and the police party and the STF team surrounded the area. The criminals, on seeing the police party, opened fire upon them. The police retaliated and miscreants fled away leaving behind their motorcycles. However, this petitioner was apprehended and on search of the petitioner, one loaded country made Katta

Patna High Court CR. MISC. No.21365 of 2025(3) dt.06-08-2025 2/3

with one cartridge and one bandolier containing 12 live cartridges apart from three motorcycles and a mobile phone were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner and the recovery has been planted. There is no independent witness to the search and seizure. Learned counsel further submits that though there is allegation that the miscreants opened fire on police party but no one sustained any injury and no spent cartridge was recovered from the place of occurrence. The petitioner is having antecedent of four cases and he is on bail in all such cases except one. The petitioner is in custody since 18.11.2024 and charge-sheet has been submitted.

Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner was caught red handed with firearms ans ammunition.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be

Patna High Court CR. MISC. No.21365 of 2025(3) dt.06-08-2025 3/3

released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No. 399 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Ashish/-

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