Patna High Court
Nitesh Kumar @ Sidharth RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Nitesh Kumar, applied for bail in a case registered as Hajipur Sadar P.S. Case No. 597 of 2024, involving offences under Sections 103(1) and 61(2)(a) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR alleges that two unknown persons shot the father of an informant, leading to his death, and the deceased named several assailants; the petitioner’s name does not appear in the FIR but surfaced in confessional statements of co‑accused. The petitioner contended that he was falsely implicated, had no role in the crime, and cited a similar bail order granted to another co‑accused in Cr. Misc. No. 43421 of 2025. The State opposed bail, pointing to a prior criminal antecedent. After hearing both sides, the Court found the petitioner’s claim of innocence credible and, despite the prior case, ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties. The bail order was directed to be executed by the Chief Judicial Magistrate, Vaishali.
Issues considered
- Whether the petitioner is entitled to bail for offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act despite the seriousness of the alleged crime.
- Whether the petitioner’s implication solely through confessional statements of co‑accused suffices to deny bail.
- Whether a prior criminal antecedent bars the grant of bail in the present case.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)(a)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Arms Act
- confessional statements
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1223 of 2026
Arising Out of PS. Case No.-597 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Nitesh Kumar @ Sidharth Raj S/o Umesh Ray R/O Village- Dighi Kala West,
P.S- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Hajipur Sadar P.S. Case No. 597 of 2024 registered for the
offence punishable under Sections 103(1), 61(2) (a) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution in short is that on
20.08.2024 at about 07:45 PM, two unknown persons came out
at the place of occurrence and fired upon the father of the
informant due to that he sustained injuries and subsequently, he
died. It is further alleged that at the time of incident some other
accused persons were also present. It is further mentioned in the
FIR that just before the death of Pankaj Ray, he named Angu @
Mayank, Badal Kumar and Naveen Billa as assailant.
Patna High Court CR. MISC. No.1223 of 2026(2) dt.05-02-2026
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4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the name of
this petitioner is not there in the FIR rather his name has
surfaced during the course of investigation in the confessional
statement of co-accused persons namely, Deepak Kumar,
Priyanshu Kumar and Adarsh. He further submits that similarly
situated other co-accused namely, Alok Kumar whose name has
also surfaced during investigation in the confessional statement
of the co-accused persons has been granted bail by this Court
passed in Cr. Misc. No. 43421 of 2025. The case of this
petitioner stands on similar footing. Moreover, the petitioner is
languishing in judicial custody since 12.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.1223 of 2026(2) dt.05-02-2026
3/3
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Vaishali at Hajipur in connection with
Hajipur Sadar P.S. Case No. 597 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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