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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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