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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                                          4/4




                       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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