Patna High Court
Nitish Kumar @ LedhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a police raid on alleged liquor sale and a subsequent disturbance where police vehicles were damaged. He claims he was falsely implicated as one of the "unknown" accused and was not named in the FIR. He has been in custody since 14‑11‑2025, the chargesheet has been filed, and he has no prior criminal record. The trial court had already granted bail to several co‑accused, and the petitioner sought regular bail. The High Court, after noting that the petitioner was not specifically named in the FIR and considering the bail granted to co‑accused, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, though listed among unknown accused, is entitled to regular bail under the Bhartiya Nyaya Sanhita provisions.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 132, 190, 191(2), 191(3), 303(2), 324(4)
Subjects
- regular bail
- false implication
- liquor case
- disturbance
- chargesheet
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13381 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Nitish Kumar @ Ledhiya Son of Budhu Ray @ Buddu Ray Resident of
village - Ganjpar Athmalgola, P.S.- Athmalgola, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Athmalgola P.S. Case
no.411 of 2025 registered under sections 191(2), 191(3), 190,
132, 109(1), 324(4) and 303(2) of the Bhartiya Nyaya Sanhita,
2023.
3. As per the prosecution case, on information having
been received about the persons being involved in sale and
purchase of liquor, it is stated that a raid was conducted. While
others managed to escape, two persons including one Mukesh
Kumar was arrested. However on an attempt by the police to
test Mukesh Kumar with the Breath Analyzer machine, it is
stated that he as also a large number of other persons started
Patna High Court CR. MISC. No.13381 of 2026(2) dt.12-03-2026
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creating disturbance, pelting stones, thus damaging police
vehicles and causing injuries. It is further stated that on enquiry
and secret information, the name of 14 accused persons
mentioned in the FIR transpired as also there were 10-15
unknown accused persons.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation as being amongst the 10-15 unknown accused
persons mentioned in the FIR. He was neither anywhere near
the place of occurrence nor involved in the same. A number of
co-accused have been enlarged on bail vide order dated 4.2.2026
(Annexure-P/2). The petitioner is in custody since 14.11.2025
and chargesheet have been submitted in the case. He has no
criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner not being named therein, the material that has
transpired in course of investigation as is evident from the order
of the learned trial Court, grant of bail to the co-accused vide
aforesaid order dated 4.2.2026 together with the petitioner
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having remained in custody since 14.11.2025 and chargesheet
having been submitted in the case, the petitioner is directed to
be enlarged on bail in connection with Athmalgola P.S. Case
no.411 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate,
Barh, District-Patna.
(Partha Sarthy, J)
Shiv/-
U T
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