Patna High Court
Nitish Kumar @ Nitesh Kumar @ Nitish Yadav @ Nitish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the bail order may be modified and the petitioner released on bail despite the inadvertent omission.
Summary
The petitioner, Nitish Kumar, was granted bail in Criminal Miscellaneous No. 44378 of 2025 with a condition that the court verify his criminal antecedent and deny bail if any undisclosed case was found. He later filed an application under Criminal Miscellaneous No. 13414 of 2026 seeking modification of that order, alleging that one case had been inadvertently omitted from the list he disclosed. His counsel argued that the omission was accidental and that he was being unjustly detained despite the bail order. The court considered whether the condition of verifying criminal antecedent justified continued detention and whether the bail order could be altered. Finding no substantive ground to withhold bail, the court allowed the modification and ordered the petitioner’s release on bail under the original conditions. Consequently, the petitioner was to be released from prison.
Issues considered
- Whether the bail order can be modified to release the petitioner despite an inadvertent omission of a case in the disclosed criminal antecedent
- Whether the condition of verifying criminal antecedent justifies continued detention of the petitioner
Subjects
- bail
- modification of bail
- criminal antecedent
- high court
- detention
- omission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13414 of 2026
In
CRIMINAL MISCELLANEOUS No.44378 of 2025
Arising Out of PS. Case No.-134 Year-2024 Thana- MAHESHKHUNT District- Khagaria
======================================================
Nitish Kumar @ Nitesh Kumar @ Nitish Yadav @ Nitish Kumar Yadav S/o-
Bhadai Yadav R/village- Madarpur, P.S.-Maheshkhut, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar
Ms. Shrishti Singh
For the State : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 25-02-2026 Heard the learned counsel for the parties.
2. The present application has been filed for
modification of the order dated 20.01.2026 passed in Cr.Misc.
No. 44378 of 2025, by which the petitioner was granted bail
with the following condition:-
“Before accepting the bail bond of the
petitioner, the learned court below shall verify
his criminal antecedent and if it is found that he
is involved in any other case except the cases,
as mentioned in para-3 of the bail petition, his
bail bond shall not be accepted.”
3. The learned counsel for the petitioner submits that
the petitioner had disclosed five criminal cases in para-3 of that
Patna High Court CR. MISC. No.13414 of 2026(2) dt.25-02-2026
2/2
bail petition and due to inadvertence, one case was left to be
mentioned in para-3 thereof. The learned counsel submits that
despite the bail having been granted to the petitioner, he is
cooling his heels in prison and has amply been punished for
default.
4. For the reasons disclosed in the application, it is
allowed and the petitioner will be released on bail on the
condition mentioned in Cr.Misc.No.44378 of 2025 under order
dated 20.01.2026.
(Nawneet Kumar Pandey, J)
HR/-
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