Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the order denying bail is set aside and bail is granted to the appellants.
Summary
The appellants, Nitish Kumar and Dhariya Nat, were charged under multiple sections of the Indian Penal Code and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for the alleged murder of a fish‑seller. Their bail application was rejected by the Exclusive Special Judge, prompting an appeal. Counsel argued that the informant was not an eye‑witness, the allegations were based on suspicion, and the appellants had clean antecedents, citing a similar case where bail was granted. The Special Public Prosecutor opposed the appeal. The Patna High Court set aside the lower court's order, allowed the appeal, and directed that bail be granted on a bond of Rs 5,000 each with two sureties.
Issues considered
- Whether the appellants are entitled to bail despite serious IPC and SC/ST Act charges
- Whether the informant's testimony, lacking eye‑witness evidence, suffices to justify denial of bail
- Whether the precedent of Sablu Kumar @ Chhagalwa’s bail grant is applicable
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 338, 34, 341
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)(a), 3(i)(r)(s)(w)
Subjects
- bail
- Scheduled Castes & Scheduled Tribes Act
- Indian Penal Code
- murder
- assault
- precedent
- eye‑witness testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1619 of 2026
Arising Out of PS. Case No.-560 Year-2023 Thana- GAURICHAK District- Patna
======================================================
1. Nitish Kumar Son of Umesh Kewat Resident of Village - Sohgi More,
Kushpar, Bhirpar, P.S.- Gaurichak, District - Patna.
2. Dhariya Nat @ Mithilesh Nat Son of Bhuletan Nat Resident of Village -
Sohgi More, Kushpar, Bhirpar, P.S.- Gaurichak, District - Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Poonam Devi Wife of Late Guddu Paswan Resident of Village - Jalalpur,
P.O. and P.S.- Dhanarua, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Surendra Kumar Mishra
For the Respondent/s : Ms.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 1. Heard the learned counsel for the appellants and
the learned Special Public Prosecutor for the State.
2. The appellants have challenged the order dated
07.04.2026 passed by the learned Exclusive Special Judge,
SC/ST Act, Patna in connection with Special Case No.419 of
2023, Serial Case No.373 of 2023 arising out of Gaurichak P. S.
Case No.560 of 2023, instituted for the offences under Sections
147, 148, 149, 341, 323, 307, 302, 338/34 of the Indian Penal
Code and Section 3(i)(r)(s)(w), 3(2)(v)(a) of the Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989,
whereby their prayer for grant of bail has been rejected.
Patna High Court CR. APP (SJ) No.1619 of 2026(3) dt.15-05-2026
2/3
3. The learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and are in custody since 17.03.2026 and the
informant alleges that her husband on 30.09.2023 at 8.00 A.M.
had gone to sell fish by a pick up vehicle. It is next alleged that
her husband was assaulted by Upendra, Raju and Ankit along
with 20-22 unknown accused leading to his death.
4. The learned counsel appearing on behalf of the
appellants submits that informant is not an eye witness to the
occurrence and the entire allegation hinges around suspicion. It
is further submitted that a two and half year old child died on
account of accident caused by the pick up vehicle being driven
by the deceased as such the villagers gathered and assaulted the
deceased leading to his death. It is next submitted that allegation
of assault is not specific. It is also submitted that Sablu Kumar
@ Chhagalwa had approached this Court seeking regular bail by
filing Cr. Misc. No.819 of 2024 and the same came to be
allowed by an order dated 16.05.2024 passed by learned
Coordinate Bench. It is next submitted that case of the
appellants is similar to the case of Sablu Kumar.
5. The learned Special P.P. opposes the appeal.
6. Regard being had to the aforesaid submissions, the
Patna High Court CR. APP (SJ) No.1619 of 2026(3) dt.15-05-2026
3/3
order dated 07.04.2026 is set-aside.
7. The appeal stands allowed.
8. The appellants, above-named, are directed to be
released on bail on their furnishing bail-bonds in the sum of
Rs.5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, SC/ST Act, Patna in connection with Special
Case No.419 of 2023, Serial Case No.373 of 2023 arising out of
Gaurichak P. S. Case No.560 of 2023.
(Satyavrat Verma, J)
vikash/-
U T
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