Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and bail is granted to the appellant subject to conditions.
Summary
The appellant, Nitish Kumar, appealed against the order of the Exclusive Special Judge SC/ST Civil Court, Patna, which rejected his bail application in a case involving offences under Sections 341, 323, 307, 379, 504, 506, 34 of the IPC, Section 27 of the Arms Act and Section 3(i)(r)(s)(w) of the SC/ST Act. The prosecution alleged that the appellant, along with co‑accused, assaulted an informant’s brother and fired a weapon, inadvertently injuring a girl. The appellant contended that he was falsely implicated, that no specific allegation of firing was made against him, and that the SC/ST Act provisions were not applicable as he did not publicly disparage the informant’s caste. The Special Public Prosecutor opposed bail, citing the seriousness of the charges and the appellant’s four prior criminal antecedents. The Patna High Court, after considering the facts, the lack of specific charge of firing against the appellant, and the circumstances of his custody, set aside the lower court’s order and allowed the appeal, granting bail with a bond of Rs. 15,000 and specified conditions.
Issues considered
- Whether bail should be granted to the appellant despite charges under multiple IPC sections, the Arms Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations under the SC/ST Act are sufficiently established to deny bail.
- Whether the appellant’s prior criminal antecedents preclude the grant of bail.
- Whether anticipatory bail was correctly denied by the lower court.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r)(s)(w)
Subjects
- bail
- anticipatory bail
- IPC
- Arms Act
- SC/ST Act
- criminal procedure
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4837 of 2025
Arising Out of PS. Case No.-470 Year-2023 Thana- BAKHTIYARPUR District- Patna
======================================================
Nitish Kumar S/O Ravindra Ray R/O Vill.- Dedour, P.S.- Bakhtiyarpur, Dist.-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Karu Kumar S/O Rajdeo Das R/O Vill.- Champapur, Siman, P.S.-
Bakhtiyarpur, Dist.- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Lal Babu Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
======================================================
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 perused the case
diary.
2. The instant appeal has been filed by the appellant
against the order dated 14.11.2025 passed by learned Exclusive
Special Judge SC/ST Civil Court, Patna whereby the prayer for
bail of the appellant in connection with Bakhtiyarpur P.S. Case
No. 470 of 2023 under Sections 341, 323, 307, 379, 504, 506,
34 of the Indian Penal Code, read with Section 27 of the Arms
Act and Section 3(i)(r)(s)(w) of SC/ST Act was rejected.
3. Earlier, anticipatory bail of the appellant was
rejected by a co-ordinate Bench of this Court vide order dated
Patna High Court CR. APP (SJ) No.4837 of 2025(3) dt.12-03-2026
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16.05.2025 passed in Cr. Appeal(SJ) No. 103 of 2025.
4. Prosecution case, in short, is that the appellant
along with other co-accused persons assaulted informant’s
brother and opened fire upon him which mistakenly hit a girl
namely Ganita Kumari.
5. 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 also submits that no specific
allegation of firing has been made against the appellant rather
the same is general and omnibus in nature. It is next submitted
that as per FIR, no member of the public was present at the
relevant point of time of the incident. 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 09.10.2025 and
has got four criminal antecedents. Similar co-accused has been
granted regular bail by a co-ordinate Bench of this Court vide
order dated 17.04.2025 passed in Cr. Appeal (S.J.) No. 648 of
2025.
Patna High Court CR. APP (SJ) No.4837 of 2025(3) dt.12-03-2026
3/4
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 14.11.2025
passed by learned Exclusive Special Judge SC/ST Civil Court,
Patna is hereby set aside.
8. Let the appellant be released on bail after framing
of charge, if not already framed, 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 Bakhtiyarpur P.S. Case No. 470 of
2023, 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The appellant will not tamper with the evidence
or the witnesses during the trial.
(IV) Appellant shall not commit offence of similar
Patna High Court CR. APP (SJ) No.4837 of 2025(3) dt.12-03-2026
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nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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