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Patna High Court

Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ NiteshversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner given the seriousness of the offences.

Summary

The petitioner, Nitesh Kumar, was arrested in connection with a case involving robbery, dacoity, murder and illegal possession of arms, as alleged under Sections 392, 397, 302 of the IPC and Section 27 of the Arms Act. The prosecution alleges that the deceased was intercepted and killed by three persons who then looted his jewellery. The petitioner’s counsel argued that he was falsely implicated, that the co‑accused’s self‑inculpatory statement named him, and that he has three prior criminal antecedents for which he is already on bail, undertaking to cooperate with the trial. The State opposed the bail application, emphasizing the seriousness of the offences. The High Court, considering the gravity of the charges, declined to grant bail and dismissed the petition, directing the lower court to expedite the trial and frame charges promptly.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences of robbery, dacoity, murder and illegal possession of arms.

Legislation cited

Subjects

  • bail
  • robbery
  • dacoity
  • murder
  • Arms Act
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10039 of 2026
                    Arising Out of PS. Case No.-206 Year-2021 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ Nitesh S/o Dev Lal Bhagat
                 @ Deolal Prasad Kushwaha R/o Village- Barji, PS- Motipur, District-
                 Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Preety Kunwar, Advocate
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   16-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Motipur P.S. Case No. 206/2021 registered for the offences

                   punishable under Sections 392, 397, 302 of I.P.C. and Section

                   27 of Arms Act.

                                3. As per the prosecution case, deceased after closing

                   his shop was returning home when he was intercepted by three

                   persons and they committed loot of a bag containing jewellery

                   after killing him. The deceased is the father of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. It is next

                   submitted that the looted articles were recovered from the co-
              Patna High Court CR. MISC. No.10039 of 2026(5) dt.16-04-2026
                                                          2/2




                        accused who had named the petitioner in his self-inculpatory

                        statement. Learned counsel further submits that he has three

                        criminal antecedents in which he is on bail and he is in custody

                        since 23.05.2025. The petitioner undertakes to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed with

                        direction to the concerned court below to expedite the trial and

                        frame the charges at the earliest.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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