Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In the absence of a specific rape allegation against the petitioner and considering his clean antecedent, age, and custody period, bail was granted subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Nitish Kumar was arrested in connection with a case involving alleged offences under Sections 65(1), 3(5) of the B.N.S. and Section 4 of the POCSO Act, where a co‑accused was said to have raped a minor. The prosecution alleged that the petitioner helped the co‑accused by preventing a cousin from raising alarm, while the petitioner contended that no specific rape allegation was made against him and that he has a clean antecedent. The petitioner had been in custody since 28‑11‑2025 and a charge‑sheet had been filed. The State opposed bail, arguing the petitioner aided the commission of the offence. The court, noting the lack of a specific rape charge against the petitioner, his young age, clean record, and the fact that a charge‑sheet was already filed, applied Section 480(3) of the B.N.S.S. and ordered bail with a bond of Rs.10,000 and two sureties, subject to conditions. The bail order was directed to be implemented by the District & Additional Sessions Judge‑VII, West Champaran.
Issues considered
- Whether the petitioner is entitled to bail despite the allegation of assisting in a rape under the POCSO Act
- Whether the specific nature of the charge against the petitioner satisfies the criteria for denial of bail under Section 480(3) of the B.N.S.S.
Legislation cited
- B.N.S. — s. 3(5), 65(1)
- B.N.S.S. — s. 480(3)
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO Act
- rape
- minor
- clean antecedent
- Section 480(3)
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14139 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- NAURANGIA District- West Champaran
======================================================
Nitish Kumar @ Nitesh Kumar S/O Harendra Sahani @ Harind Sahani R/O
Village- Madanpura, Police Station- Naurangia, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/O Village- Bakuli Majhaua, Police Station- Laukariya, District-
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kishore Choudhary, Advocate
For the State : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 24-06-2026 Despite notice being received by the relative of the
informant and granting adjournment, no one appears on behalf
of the informant/opposite party no. 2.
02. Heard learned counsel for the petitioner and
learned APP for the State.
03. In the present case, the petitioner seeks bail in
connection with Naurangia P.S. Case No. 129 of 2025 registered
for the alleged offences under Sections 65(1), 3(5) of BNS and
Section 4 of the POCSO Act.
04. As per prosecution case, co-accused Kamlesh
Kumar committed rape with the minor informant and allegation
against the petitioner is that he prevented his cousin, who was
Patna High Court CR. MISC. No.14139 of 2026(6) dt.24-06-2026
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friend of the victim, from raising any alarm. All these persons
have been returning from attending a party from the house of
the aunt of the friend of the victim girl and rape was
committed.
05. Learned counsel for the petitioner submits the
specific allegation of committing rape is not against this
petitioner, who is a young man of 22 years. The petitioner is
having clean antecedent. The petitioner is in custody since
28.11.2025 and charge sheet has been submitted.
06. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
by his conduct has helped co-accused in committing rape with
the minor girl.
07. Having regard to the nature of allegation which is
not specific for committing rape against this petitioner and also
considering the age, period of custody of the petitioner, his clean
antecedent and submission of charge sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-VII cum Special Judge, West Champaran,
Bettiah/concerned Court in connection with Naurangia P.S. Case
Patna High Court CR. MISC. No.14139 of 2026(6) dt.24-06-2026
3/3
No. 129 of 2025, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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