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2025 Supreme(Online)(Pat) 3219

PATNA HIGH COURT
CHANDRA SHEKHAR JHA, J
Nitish Kumar @ Niteesh Kumar @ Neetish Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Amarnath Jha, Mr.Poddar Suresh Gandhi
For the Respondents: Mr.Satyendra Prasad, Mr.Umeshanand Pandit

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

5 12-12-2025 Heard the parties.

2. The petitioners seeks bail in connection with Salkhua P.S. Case No. 56 of 2025 registered for the offence under Sections 25(1-B)a, 26 and 35 of Arms Act .

3. The petitioners are named in the F.I.R. and are in custody since 01.04.2025.

4. As per FIR, petitioners alleged to have in possession of one country made pistol without cartridge.

5. Learned counsel appearing on behalf of the petitioners submitted that as per seizure list it can be gathered safely that recovery of country made pistol (without cartridge) was not made from the conscious physical possession of these petitioners as same appears to be recovered from the back seat of the car which was occupied by four persons. It is submitted that nothing transpires during investigation which may suggest prima- facie that petitioners were involved in selling and purchase of illegal arms. It is also pointed out that petitioner namely Nitish Kumar found involved in one more case, where he is on bail and petitioner namely Tuntun Kumar is a man of clean antecedent. While concluding the argument, it is submitted that seizure list also appears doubt

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