Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is granted bail.
Summary
The appellant, Nitish Kumar, was charged with murder, illegal possession of arms and an offence under the SC/ST Act in Fatehpur P.S. Case No. 503 of 2025. The Special Judge denied his bail application, prompting an appeal to the Patna High Court. The appellant's counsel argued that he was falsely implicated, that the allegations were general and not specific to him, and that no SC/ST offence was made out as he did not publicly use the informant's caste name. The State and the informant opposed bail, asserting the appellant's involvement in a criminal conspiracy. Considering the lack of direct allegations and the appellant's custody period, the High Court allowed the appeal, set aside the Special Judge's order, and granted bail on a bond of Rs. 15,000 with two sureties. The appellant was ordered to be released on bail.
Issues considered
- Whether the appellant is entitled to bail despite charges under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act.
- Whether a specific offence under Section 3(2)(v) of the SC/ST Act is made out against the appellant.
- Whether the absence of direct allegations against the appellant warrants setting aside the lower court's bail denial.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- SC/ST Act
- false implication
- criminal conspiracy
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4767 of 2025
Arising Out of PS. Case No.-503 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Nitish Kumar Son of Shivnanan Das @ Shiv Nandan Ravidas Resident of
Village - Fatehpur, P.S.- Fatehpur, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Anita Devi Wife of Raju Ram Resident of Village - Fatehpur, P.S.- Fatehpur,
District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Amarnath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant. Perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 08.10.2025 passed by learned Exclusive
Court of Special Judge, SC/ST, Gaya whereby the prayer for
bail of the appellant in connection with Fatehpur P.S. Case No.
503 of 2025 under Sections 103(1), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, Section 27 of the Arms Act and Section 3(2)(v)
of SC/ST Act was rejected.
3. The prosecution case, in short, is that appellant
along with other co-accused persons killed the informant’s son.
Patna High Court CR. APP (SJ) No.4767 of 2025(3) dt.12-03-2026
2/3
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Learned counsel further submitted that general and omnibus
allegation has been made against the petitioner and the specific
allegation is against co-accused Shubham Kumar @ Gungun
Kumar. He further contended that the petitioner is only the
member of mob. Learned counsel for the appellant further
submitted that the appellant and the informant are gotiya and 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. Learned counsel
further submitted that charge-sheet has already been submitted
in this case. The appellant is in custody since 10.07.2025 and
has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant, stating that although there is no direct allegation
against the appellant but upon perusal of the case diary it
appears that appellant is involved in criminal conspiracy.
6. Considering the aforesaid facts and circumstances
of the case, no direct allegation against the appellant and the
Patna High Court CR. APP (SJ) No.4767 of 2025(3) dt.12-03-2026
3/3
period of custody undergone by the appellant, this Court is
inclined to allow this appeal. Accordingly, the appeal is allowed
and order dated 08.10.2025 passed by learned Exclusive Court
of Special Judge, SC/ST, Gaya in connection with Fatehpur P.S.
Case No. 503 of 2025 is hereby set aside.
7. Let the appellant, abovenamed, be released on bail
on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Fatehpur P.S. Case No. 503 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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