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Patna High Court

Nitish Kumar @ Nitish Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellant.

Summary

The appellant, Nitish Kumar, was charged under sections of the BNS, the Arms Act and the SC/ST (Prevention of Atrocities) Act for a murder allegedly committed during a brick‑kiln dispute. The prosecution alleged that the appellant was present when a group assaulted and shot a labourer belonging to an SC/ST community, but no direct role or knowledge was attributed to him. The appellant argued he had no criminal antecedent, no caste‑based motive, and was unaware of the victim's caste, contending that bail should be granted. The trial judge had rejected his anticipatory bail application, prompting this appeal. The High Court, noting the lack of evidence linking the appellant to the offence and his clean record, held that bail should be extended, set aside the lower court’s order, and imposed standard bail conditions.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under the SC/ST (POA) Act despite being present at the scene of the alleged offence.
  • Whether the prosecution established the appellant's knowledge of the victim's caste and participation in the crime sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (POA) Act
  • Arms Act
  • bail conditions
  • caste based offence
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3434 of 2025
                    Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Nitish Kumar @ Nitish Kumar Singh S/o Ramchandra Mahto Resident of
                 village- Ward no 03, Arazi Rasulpur Pakri, Muzaffra, P.S.- Muffasil, Distt-
                 Begusarai

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar.
           2.    Umesh Singh S/o Late Ramsagar Singh R/o Vill- Bikrampur, P.S.- Cheria
                 Bariyarpur, Distt- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Vinod Gautam, Advocate
                 For the Respondent/s   :       Mrs. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-02-2026                 Heard the parties.

                               2. This appeal has been filed for setting aside the

                   order dated 31.07.2025 passed by learned Exclusive Special

                   Judge, SC/ST(POA) Act, Begusarai in connection with

                   Nowkothi P.S. Case No. 05 of 2025 registered for the offence

                   punishable under sections 103, 61(2), 190, 191(3) of the BNS,

                   Section 27 of the Arms Act and Sections 3 (1)(r)(s) and 3(2)(va)

                   of the SC/ST (POA) Act whereby the prayer for anticipatory

                   bail of the appellant has been rejected.

                               3. As per the prosecution story, the informant, a

                   proprietor of a brick kiln, alleged that on 07.01.2025, eleven to

                   twelve persons entered the place and after brutally assaulting the
Patna High Court CR. APP (SJ) No.3434 of 2025(4) dt.23-02-2026
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          labours, shot dead one Birsa Urao of Jharkhand. Thereafter, the

          Police was called and the CCTv footage recorded one Manjesh

          Kumar. This followed the FIR.

                       4. Subsequently, Manjesh Kumar was taken into

          custody and according to him, Vinod @ Bablu Singh and

          Raushan Singh had put in their money and wanted the brick kiln

          to be closed. As such, conspired that if someone is killed in the

          kiln, it will be closed. Later, alongwith all the accused persons,

          including this appellant, went to the place and allegation is that

          assault took place following which Manjesh Kumar and Bablu

          @ Vinod opened fire causing injury which resulted into the

          death. This has been recorded in paragraph-184 of the case

          diary.

                       5. Learned counsel for the appellant submits that he

          has no criminal antecedent, no caste abuse allegation can be

          made against him in the backdrop of the fact that he had

          absolutely no knowledge of the crime which was conspired by

          Bablu Singh and Raushan Kumar in which Manjesh Kumar

          participated actively. Though his presence has been shown, no

          role attributed and further, cognizance has not been taken in the

          matter.

                       6. Learned counsel representing the informant on the
Patna High Court CR. APP (SJ) No.3434 of 2025(4) dt.23-02-2026
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          other hand submitted that his CDR location was at the place of

          occurrence.

                       7. Considering the submission of the parties as also

          that so far as this appellant is concerned, it is not clear that

          whether he had knowledge about the person who has been killed

          is belonging to SC/ST Community, the matter is still at

          investigation stage and Manjesh Kumar has given details of the

          assault which included Bablu Singh and Raushan Singh, though

          the presence has been shown, no role has been attributed to this

          appellant and he has no criminal antecedent, in that background,

          this Court is inclined to extend him the privilege of bail.

                       8. The impugned order dated 31.07.2025 passed by

          learned Exclusive Special Judge, SC/ST(POA) Act, Begusarai

          in connection with Nowkothi P.S. Case No. 05 of 2025 stands

          set aside and the appeal is allowed.

                       9. Let the appellant, named above, in the event of

          arrest/surrender within a period of eight weeks from the date of

          receipt/production of a copy of this order, be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai

          in connection with Nowkothi P.S. Case No. 05 of 2025 subject
Patna High Court CR. APP (SJ) No.3434 of 2025(4) dt.23-02-2026
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          to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the appellant who shall provide official

          document to show his/her bona fide;

                       (ii) the appellant shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the appellant shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the appellant shall appear before the concerned

          police station every month for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the appellant shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (vi) the appellant shall desist from committing any

          criminal offence again, failing which the State shall be at liberty
          Patna High Court CR. APP (SJ) No.3434 of 2025(4) dt.23-02-2026
                                                       5/5




                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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