Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied.
Summary
Nitish Kumar was arrested in connection with a murder case (PS Bathanaha Case No. 398 of 2024) alleged to have stabbed the deceased. The petitioner sought regular bail, claiming innocence and having been in custody since 12 September 2025. The State opposed the bail, citing direct allegations of the offence. The court noted the seriousness of the charge under Sections 103(1) and 3(5) of the BNS and the presence of a direct allegation against the accused. Consequently, the judge was not inclined to grant bail. The application for regular bail was dismissed.
Issues considered
- Whether regular bail should be granted to the accused in a murder case where there is a direct allegation of involvement.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- direct allegation
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11792 of 2026
Arising Out of PS. Case No.-398 Year-2024 Thana- BATHNAHA District- Sitamarhi
======================================================
Nitish Kumar @ Nitesh Kumar Son of Suresh Rai R/o Village - Banaraha,
East Tola, P.S. - Bajpatti, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bathanaha P.S. Case No. 398 of 2024 registered for the offence
under Sections 103(1), 3(5) of the BNS.
3. As per the prosecution case, petitioner is the
assailant of the deceased. He is alleged to have stabbed the
deceased and killed him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He is
in custody since 12.09.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the fact that there is direct allegation
Patna High Court CR. MISC. No.11792 of 2026(3) dt.31-03-2026
2/2
against the petitioner, I am not inclined to grant bail to the
petitioner for the present.
7. Accordingly, this application for regular bail is
dismissed.
(Sandeep Kumar, J)
khushbu/-
U T
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