Patna High Court
Nitesh Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner is entitled to anticipatory bail as no specific allegation of an overt act against him was made and a similar co‑accused had already been granted bail.
Summary
The petitioner, Nitesh Kumar, was implicated in a FIR alleging murder under Sections 302/34 of the IPC and Section 27 of the Arms Act, stemming from a shooting incident on 7 January 2023. He contended that the specific act of killing the informant’s son was attributed to co‑accused Dhananjay Kumar and that there was no allegation of any overt act against him, only that he was a member of the mob. The State opposed his application for anticipatory bail. The Court noted that a similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench. Considering the lack of direct allegation against the petitioner, the Court ordered that he be released on anticipatory bail subject to a bail bond of Rs 10,000, two sureties of the same amount, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., provided he surrenders within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the allegations of murder and arms offences.
- Whether the petitioner can be said to have committed any overt act in the alleged crime.
- Whether the conditions imposed for bail are appropriate and in accordance with law.
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC
- Arms Act
- Section 438
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12172 of 2026
Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna
======================================================
Nitesh Kumar @ Nitish Kumar Son of Rabindra Singh Resident of Village -
Malpur, P.S. - Khusrupur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Radhe Shyam
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case,
registered for the offences punishable under Section 302/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against petitioner is that on
07.01.2023 at about 9 PM, he along with other FIR named co-
accused persons made indiscriminate firing and in the said
occurrence, son of the informant was shot dead.
4. Learned counsel for the petitioner submits that
specific accusation of causing death son of informant by firing
gun shot is against co-accused Dhananjay Kumar. This
petitioner is only alleged to be member of the mob. There is
absolutely no allegation of overt act against this petitioner.
Similarly situated co-accused has been granted anticipatory bail
Patna High Court CR. MISC. No.12172 of 2026(2) dt.24-02-2026
2/2
by a coordinate Bench, vide order dated 08.08.2025 passed in
Cr.Misc. No. 54295 of 2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Trial Court within a
period of eight weeks from today, let the above named petitioner
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Patna City (Patna) in
connection with Khusrupur P.S. Case No. 16 of 2023, subject to
condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Anay
U T
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