Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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