Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed and the order denying bail is affirmed as the prosecution case is prima facie established.
Summary
Nitish Kumar was convicted in the lower court for allegedly assaulting the husband of an informant, resulting in the husband's death. The appellant sought regular bail, claiming a clean record and that the FIR was fabricated. The prosecution, supported by the informant and a Special Public Prosecutor, argued that the FIR contained specific allegations and that the post‑mortem report corroborated the assault leading to death. The High Court examined the FIR, medical evidence, and the seriousness of the charges under Sections 103, 303(2), 351(2), 3(5) of the BNS and Section 3(2)(v) of the SC/ST Act, finding prima facie support for the prosecution. Given the gravity of the allegations, the Court declined to grant bail, dismissed the appeal, and affirmed the lower court's order denying bail.
Issues considered
- Whether the appellant is entitled to regular bail in a case involving alleged assault leading to death under the BNS and SC/ST Act.
- Whether the material on record, including the FIR and post‑mortem report, establishes a prima facie case against the appellant.
Legislation cited
Subjects
- bail
- assault
- homicide
- SC/ST Act
- scheduled caste
- criminal procedure
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.400 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- SIGAUDI District- Patna
======================================================
Nitish Kumar Son Of Dinanath Yadav Resident Of Village- Bela, Ps- Sigori,
Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Pinki Devi Wife of Late Kundan Kumar Resident of village- Bahadurganj,
Ps- Sigori, Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Parashuram Singh
For the Respondent/s : Mrs. Usha Kumari 1
For the Informant : Mr. Kumar prabhakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, and learned counsel
appearing on behalf of the informant.
2. This appeal has been preferred against the order
dated 24.11.2025 passed by the learned Exclusive Special
Judge, SC/ST Act, Civil Court, Sadar, Patna, in Special Case
No. 497 of 2025 (Serial No. 398 of 2025), arising out of Sigori
P.S. Case No. 119 of 2025, registered for offences punishable
under Sections 103, 303(2), 351(2), and 3(5) of the BNS, and
Section 3(2)(v) of the SC/ST Act, whereby the prayer for regular
bail of the appellant has been rejected.
3. The prosecution case, as alleged in the First
Patna High Court CR. APP (SJ) No.400 of 2026(3) dt.23-04-2026
2/3
Information Report, is that the appellant assaulted the husband
of the informant, who subsequently succumbed to the injuries
sustained.
4. Learned counsel for the appellant submits that the
appellant has clean antecedents and has been falsely implicated
in the present case. It is further contended that the allegations
made in the F.I.R. are baseless and fabricated, and that the
appellant has not committed the alleged offence. The appellant
is in custody since 09.09.2025.
5. Per contra, learned counsel for the informant and
the learned Special Public Prosecutor have vehemently opposed
the prayer for bail. It is submitted that there are specific and
direct allegations against the appellant in the F.I.R. It is further
submitted that the post-mortem report corroborates the
prosecution case and supports the allegation that the assault by
the appellant resulted in the death of the informant’s husband.
6. Having considered the rival submissions and upon
perusal of the materials available on record, including the F.I.R.,
this Court finds that there are specific allegations against the
appellant of having assaulted the deceased, and that the medical
evidence prima facie supports the prosecution case. There is
sufficient material on record which corroborates the prosecution
Patna High Court CR. APP (SJ) No.400 of 2026(3) dt.23-04-2026
3/3
story as well as the involvement of the appellant in the
commission of the crime.
7. In view of the nature and gravity of the allegations,
this Court is not inclined to grant bail to the appellant.
8. Accordingly, the appeal is dismissed, and the
impugned order dated 24.11.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Civil Court, Sadar, Patna
is hereby affirmed.
9. It is made clear that the observations made herein
are prima facie in nature and confined only to the adjudication
of the present appeal for bail and shall not be construed as an
expression on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…