Patna High Court
Nitish Kumar @ KaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied because the nature and seriousness of the offences warranted continued custody.
Summary
The petitioner, Nitish Kumar, was charged with offences under Sections 126(2), 115(2), 352, 351(2), 103(1), 3(5) of the B.N.S. and Section 27 of the Arms Act, arising from an FIR that alleged he fired a weapon that struck the informant's husband, causing his death on the spot. The petitioner applied for bail, arguing that he had been in custody since 11 August 2025. The Court examined the seriousness of the charges, which include murder‑related provisions and a violation of the Arms Act. Considering the gravity of the allegations and the fact that the accused is implicated in a fatal shooting, the Court rejected the bail application. However, the Court directed the trial court to expedite the trial proceedings given the length of the petitioner’s pre‑trial detention.
Issues considered
- Whether bail should be granted to the accused in a case involving murder‑related offences and a violation of the Arms Act.
Legislation cited
Subjects
- bail
- murder
- arms act
- serious offences
- pre‑trial detention
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11088 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- DULHIN BAZAR District- Patna
======================================================
Nitish Kumar @ Kai Son of Umesh Sharma R/o Sadavah, P.S. - Dulhin Bazar,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
Mrs.Prerna Rishi, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 126(2), 115(2), 352, 351(2), 103(1), 3(5)
of B.N.S. and Section 27 of the Arms Act.
3. As per F.I.R., firing, made by this petitioner, hit
husband of informant on his right eye, as a result of which,
husband of informant died on spot.
4. Considering the nature of accusation, the prayer
for bail of petitioner is rejected. However, since petitioner is in
custody since 11.08.2025, the learned trial court is directed to
expedite the trial.
(Prabhat Kumar Singh, J)
anay
U T
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