Patna High Court
Nitish Kumar @ NepaliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted as there is no specific overt act or independent evidence against the appellant.
Summary
Nitish Kumar appealed against the denial of bail in a murder case (Beldaur P.S. Case No. 264 of 2024) where the deceased was the daughter of Pramila Devi. The prosecution alleged that Rahul and his associates killed and hanged the victim, and that the appellant was implicated only through a confessional statement of a co‑accused, with no mention of his name in the FIR. The appellant argued that he was falsely implicated, had no criminal antecedent, and was in judicial custody since 1 April 2025. The High Court examined whether the evidence against the appellant satisfied the criteria for bail under Sections 103(1) and 3(5) of the BNS Act and Section 3(2)(v) of the SC/ST (POA) Act. Finding no specific overt act or independent evidence linking the appellant to the crime, the Court allowed the appeal, set aside the lower court’s order, and directed that the appellant be released on bail upon furnishing a bond with sureties.
Issues considered
- What is the applicability of Sections 103(1) and 3(5) of the BNS Act and Section 3(2)(v) of the SC/ST (POA) Act in granting bail when the only evidence is a co‑accused’s confessional statement?
- Whether the appellant’s alleged involvement, absent any FIR mention or independent corroboration, justifies the denial of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
- SC/ST (POA) Act — s. 3(2)(v)
Subjects
- bail
- murder
- confessional statement
- SC/ST (POA) Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4685 of 2025
Arising Out of PS. Case No.-264 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Nitish Kumar @ Nepali S/o Rajendra Rajak, R/O Vill.- Pachaut, P.S.-
Beldaur, Dist.- Khagaria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Pramila Devi W/o Late Parmeshswar Sada R/O Vill.- Pachaut, Ward no. -
07, P.S.- Beldaur, Dist.- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 18-06-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 23.09.2025 passed by learned Court of
Additional Sessions Judge 1st cum- Special Judge, SC/ST,
Khagaria whereby the prayer for bail of the appellant in
connection with Beldaur P.S. Case no. 264 of 2024 under
Sections 103(1) and 3(5) of BNS and Sections 3(2) (v) of SC/ST
(POA) Act was rejected.
3. The case of the respondent is that the daughter of
the respondent was found hanging in mango groove. It is further
alleged that Rahul, Amresh and Chunnu with the help of their
Patna High Court CR. APP (SJ) No.4685 of 2025(6) dt.18-06-2026
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associates have killed and hanged the daughter of the
respondent. It is also alleged that Rahul Kumar was having
relationship outside marriage with the daughter of the
respondent and he was pressurizing the deceased for
solemnization of marriage which she denied and due to that
denial, she has been killed by Rahul and his associates.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that the name of the appellant does
not find place in the FIR. The name of this appellant has
surfaced during course of investigation in the confessional
statement of co-accused Rahul. It has been submitted that save
and except the confessional statement, there is nothing against
him. Main thrust of allegation is against Rahul who was having
relationship with the deceased outside marriage. There is no
allegation against the appellant of humiliating the respondent or
deceased with caste name. Appellant is having no criminal
antecedent. Moreover, he is languishing in judicial custody since
01.04.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. APP (SJ) No.4685 of 2025(6) dt.18-06-2026
3/3
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 23.09.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Beldaur P.S. Case No. 264 of 2024 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge 1st cum-Special Judge
(SC/ST), Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
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