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Patna High Court

Nitish Kumar @ Bhulla YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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