Patna High Court
Nitish Kumar @ Bhulla YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and bail is granted to the appellant.
Summary
Nitish Kumar was arrested in connection with a case involving alleged kidnapping, theft, murder, concealment of evidence and criminal conspiracy, as well as an alleged offence under the SC/ST Act. The exclusive special judge denied his bail application. The appellant contended that there was no direct evidence, no eyewitnesses, and that the SC/ST provision was not applicable. The prosecution opposed bail, noting that the victim's body had not been recovered. The Patna High Court, observing the lack of cogent material and the appellant's clean record, set aside the lower court's order and granted bail with conditions. The court ordered release on bail of Rs.15,000 with two sureties and stipulated appearance requirements.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the IPC and the SC/ST Act.
- Whether sufficient material evidence exists to justify continued custody of the appellant.
- Whether the provisions of the SC/ST Act, specifically section 3(2)(v), are applicable in the present case.
Legislation cited
- Indian Penal Code — s. 120(B), 201, 302, 363, 365
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- Indian Penal Code
- murder
- kidnapping
- theft
- criminal conspiracy
- SC/ST Act
- scheduled castes
- evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3997 of 2025
Arising Out of PS. Case No.-200 Year-2024 Thana- KHUSRUPUR District- Patna
======================================================
Nitish Kumar @ Bhulla Yadav S/O Lalli Yadav @ Lal Babu Yadav @ Lal
Babu Singh R/O Vill.- Khirodharpur,P.S- Khusrupur, Dist- Patna, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Devi w/o Chotte@ Kallumalik R/O Vill.- Khirodharpur,P.S-
Khusrupur, Dist- Patna, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 05-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State. Despite issuance of notice to
informant, none appears.
2. The instant appeal has been filed by the appellant
against the order dated 12-07-2025 passed by learned Exclusive
Special Judge, SC/ST, Patna whereby the prayer for bail of the
appellant in connection with Khusrupur PS Case No. 200 of
2024 under Sections 363, 365, 302, 201, 120(B) of the IPC and
Sections 3(2)(v) of SC/ST Act was rejected.
3 Prosecution case, in short, is that husband of the
informant went to a funeral with the appellant and others, but
never returned. She later learnt from locals that the accused
Patna High Court CR. APP (SJ) No.3997 of 2025(4) dt.05-02-2026
2/3
forcibly took her towards the river Ganga.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant submits that except suspicion
there is nothing against the appellant. There is no eye witnesses
to the occurrence. Learned counsel for the appellant further
submits that the appellant has not taken the caste name of the
informant in public view. Hence, no offence under the
provisions of SC/ST Act is made out against him. The appellant
has no intention to disgrace the image of the informant in public
view. The appellant is in custody since 22-06-2025 and has no
criminal antecedent. Other co-accused has been granted bail by
this Court vide order dated 17.04.2025, passed in Cr. Appeal
(SJ) No. 5659 of 2024.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant. Dead body
of the deceased has not recovered yet.
6. Considering the aforesaid facts and circumstances
of the case, there being no cogent material against the appellant
even in the case diary and the period of custody undergone by
the appellant, this Court is inclined to allow this appeal.
Patna High Court CR. APP (SJ) No.3997 of 2025(4) dt.05-02-2026
3/3
Accordingly, the appeal is allowed and order dated
12.07.2025, passed by learned Exclusive Special judge, SC/ST,
Patna is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khusrupur PS Case
No. 200 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the appellant.
(II) The appellant shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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