Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties.

Summary

Nitish Kumar applied for bail in a case (Mohanpur PS Case No.31 of 2024) involving alleged murder under Sections 109, 3(5) and 103(1) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleged that Manoj Yadav and Sanjay Yadav murdered the informant’s husband over a disputed land sale. During investigation the police exonerated the two accused and the informant herself became an accused, with only a confessional statement and a CDR linking the petitioner to the case. The petitioner argued he has no prior criminal record, has been in custody since 2 December 2025, and that a similar bail was granted to Mithilesh Yadav in Cr. Misc. No. 25711 of 2026. The State opposed bail. The Court, after considering the circumstances, ordered the petitioner to be released on bail upon furnishing a Rs 10,000 bond with two sureties.

Issues considered

Whether bail should be granted in a murder and arms‑related case where the only evidence is a confessional statement and a CDR.
Whether the petitioner’s lack of antecedents and the precedent of bail granted to a co‑accused justify release.
Whether the statutory provisions under the Bihar Negotiable Instruments Act and the Arms Act preclude bail.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 103(1), 109, 3(5)

Subjects

bail
murder
arms act
land dispute
confessional statement
call data record
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16214 of 2026
                      Arising Out of PS. Case No.-31 Year-2024 Thana- MOHANPUR District- Jamui
                 ======================================================
                 Nitish Kumar Son of Jahuri Yadav Resident of Village - Sondipi, P.O. - Dighi,
                 P.S. - Laxmipur, District - Jamui.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Mohanpur P.S. Case No.31 of 2024 registered for the

                   offence punishable under Sections 109, 3(5) and 103(1) of the

                   BNS and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that Manoj

                   Yadav and Sanjay Yadav have committed murder of the husband

                   of the informant and the reason behind this occurrence is that

                   her husband had sold a piece of land to Sanjay Yadav and Manoj

                   Yadav but the land which was shown to the accused Sanjay and

                   Manoh was not in the sale deed rather another land was sold to

                   them.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.16214 of 2026(3) dt.01-05-2026
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          petitioner has submitted that in this case during course of

          investigation, police has exonerated Sanjay and Manoj and

          informant herself has been made an accused. Learned counsel

          for the petitioner has submitted that the informant has given her

          statement and she has named one Mithilesh Yadav. During

          investigation it has come that Mithilesh Yadav was in contact

          with this petitioner. Learned counsel for the petitioner has

          further submitted that save and except the confessional

          statement and CDR, there is nothing against the petitioner. It has

          further been submitted that Mithilesh Yadav has been granted

          bail by this Court vide Cr. Misc. No. 25711 of 2026. The case of

          this petitioner stands on similar footing. Learned counsel for the

          petitioner has further submitted that the petitioner is having no

          criminal antecedent and he is in judicial custody since

          02.12.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       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.16214 of 2026(3) dt.01-05-2026
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                      of the like amount each to the satisfaction of the court of learned

                      C.J.M., Jamui in connection with Mohanpur P.S. Case No.31 of

                      2024.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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