Allowed¶18

Chhotey Kumar @ Nitish Kumar v. The State of Bihar

Bail – Arms Act

Patna HC20 Feb 2026CR. MISC./87620/2025

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What is this about?

Patna High Court, Cr. Misc. No.87620 of 2025 (decided 20-02-2026, Partha Sarthy, J): regular bail granted under Sections 25(1-B)(a), 26, 35 Arms Act; country made pistol and six live cartridges recovered on disclosure, three cartridges from co-accused; no injury report in case diary; custody since 31.8.2025 (over five months); no criminal antecedent; chargesheet filed; bail bond Rs.10,000/- with two sureties.

What did the court decide?

Petitioner enlarged on regular bail in connection with Parsa Bazar P.S. Case no.368 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna. ¶18

Chhotey Kumar @ Nitish Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87620 of 2025

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Arising Out of PS. Case No.-368 Year-2025 Thana- PARSABAZAR District- Patna

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

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Chhotey Kumar @ Nitish Kumar S/o Bina Jamadar R/o Nurmohimuddinpur, PS- Parsa Bazar, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kameshwar Singh, Advocate Ms. Saloni Sinha, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 20-02-2026

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Heard learned counsel for the parties.

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The petitioner has preferred this application for

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grant of regular bail in connection with Parsa Bazar P.S. Case no.368 of 2025 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

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As per the prosecution case, the informant states that seeing a gathering of the local public, on enquiry it transpired that son of Dharmendra had sustained firearm injury. On further investigation it transpired that some of the friends of the boy had fired as a result of which he was injured. The injured was taken to the Sadar hospital for treatment and none of the members of family were available. The informant further states that the accused persons including the petitioner herein were caught and on disclosure by them, the country made pistol

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Patna High Court CR. MISC. No.87620 of 2025(3) dt.20-02-2026 2/3

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with six live cartridges was recovered. Further on search of the co-accused, three more live cartridges were recovered.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither any incriminating article has been recovered as a result of the confessional statement of the petitioner or any other co-accused nor any incriminating article recovered from their possession. It is further submitted that there is no injury report of the son of the informant available in the case diary. The petitioner is in custody since 31.8.2025 and has no criminal antecedent. Chargesheet has been submitted in the case.

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The application for bail is opposed by learned A.P.P for the State, however having gone through the contents of the case diary, it is not disputed that there is no injury report of the son of the informant available in the case diary.

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Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, the petitioner having remained in custody for over 5 months since 31.8.2025, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Parsa Bazar P.S. Case

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Patna High Court CR. MISC. No.87620 of 2025(3) dt.20-02-2026 3/3

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no.368 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

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satisfaction of the learned Judicial Magistrate, 1^st Class, Patna.

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(Partha Sarthy, J)

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Shiv/-

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U T

Chhotey Kumar @ Nitish Kumar v. The State of Bihar

Case brief

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Chhotey Kumar @ Nitish Kumar v. The State of Bihar

Case brief

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