Patna High Court
Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ NiteshversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 392, 397
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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