Created by Fuzzy Cloud

Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nitish Kumar, sought regular bail in a case registered under Section 309(60) of the BNS and Section 27 of the Arms Act, alleging theft of Rs.9,10,000 by the informant's driver. The prosecution alleged that the petitioner was involved in the theft, citing a confessional statement of co‑accused Babloo Kumar in which the petitioner’s name appeared. The petitioner contended he was innocent, had no criminal antecedent, and that the FIR was lodged against unknown miscreants, with no material recovered from his possession. The State opposed bail, arguing the seriousness of the offences and the confessional statement. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties, directing compliance with the C.J.M. of Saharsa.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being named in a co‑accused's confessional statement.
  • Whether the offences under Section 309(60) BNS and Section 27 Arms Act justify denial of bail.
  • Whether the petitioner’s lack of prior criminal record influences the bail decision.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • theft
  • Arms Act
  • Section 309 BNS
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10021 of 2026
                        Arising Out of PS. Case No.-93 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Nitish Kumar S/O Subhash Mehta R/O Village- Rajganj, Ward No.-12, P.S.-
                 Bihariganj, Dist.- Madhepura
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kumar Praveen, Advocate
                 For the Opposite Party/s :         Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 309(60 of

                   the BNS and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   driver of the informant has taken away Rs.9,10,000/- from his

                   vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants. During course of investigation,

                   one Babloo Kumar was apprehended and he has given his

                   confessional statement. The name of this petitioner has surfaced

                   in the confessional statement of Babloo Kumar. It has further
            Patna High Court CR. MISC. No.10021 of 2026(2) dt.09-02-2026
                                                        2/2




                      been submitted that nothing has been recovered from the

                      possession of this petitioner and from the house of Lakhan

                      Mehta Rs. 3,70,000/- were recovered on the confessional

                      statement of Babloo Kumar. Learned counsel has further

                      submitted that Babloo Kumar has been granted bail by this

                      Court vide Cr. Misc. No. 84205 of 2025. Learned counsel for

                      the petitioner has lastly submitted that the petitioner is having

                      no criminal antecedent and he is in judicial custody since

                      09.08.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Patarghat P.S. Case No. 93 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned C.J.M., Saharsa.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.