Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the circumstances indicating the death resulted from an assault during a theft attempt rather than a pre‑meditated murder, bail could be granted to the accused.
Summary
The Patna High Court heard bail applications of six accused persons—Rinki Devi, Nilmani Yadav, Ram Sahay Prasad Yadav, Nitish Kumar and others—arising from Punaura police case No.166 of 2025, which alleged murder of a minor under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused abducted the child, who was later found dead with injuries suggesting strangulation, and claimed a pre‑meditated conspiracy. The defence argued that the child was caught attempting theft, was assaulted by villagers, and died as a result of that assault, supported by CCTV footage and independent witness statements. After considering the material, the court found the circumstances did not warrant continued detention and allowed regular bail. The bail was ordered on a bond of Rs 10,000 with two sureties for each accused.
Issues considered
- Whether regular bail can be granted to persons accused of murder under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the factual matrix—alleged theft, assault and the manner of death—justifies the grant of bail.
- Whether the evidence on record, including CCTV footage and witness statements, precludes the accused from obtaining bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- murder
- bail
- Bharatiya Nyaya Sanhita
- Section 103
- Section 61
- Section 3
- CCTV evidence
- theft
- homicide
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91155 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Rinki Devi W/O Ram Sahay Prasad Yadav R/O Vill.- Ranjitpur West, P.S.-
Punaura, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9647 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Nilmani @ Dablu Yadav @ Bablu Yadav Son of Late Ramswarath Ray R/o
Village - Rajitpur West, P.S. - Punaura, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 10433 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Ram Sahay Prasad Yadav @ Ram Sahay Ray @ Ram Sahay Yadav S/o
Ramsvarth Ray @ Ram Swarthi Ray R/o Village- Ranjitpur Pashchimi, P.S-
Punaura, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16490 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- PUNAURA District- Sitamarhi
Patna High Court CR. MISC. No.91155 of 2025(4) dt.26-03-2026
2/5
======================================================
1. Nitish Kumar S/o Late Kishori Rai Resident of Village - Ranjitpur Paschimi,
P.S.- Punaura, Dist.- Sitamrhi
2. Abodh Kumar S/o Kishori Rai (wrongly mentioned in the FIR as Late
Kishori Rai) Resident of Village - Ranjitpur Paschimi, P.S.- Punaura, Dist.-
Sitamrhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91155 of 2025)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Uday Kumar
For the Opposite Party/s : Mr. Ram Sevak Choudhary
For the Informant : Mr. Saket Tiwari
(In CRIMINAL MISCELLANEOUS No. 9647 of 2026)
For the Petitioner/s : Mr. Pramod Kumar Sinha
For the Opposite Party/s : Mr. Rajendra Singh
For the Informant : Mr. Saket Tiwari
(In CRIMINAL MISCELLANEOUS No. 10433 of 2026)
For the Petitioner/s : Mr. Ravi Shankar Pathak
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
For the Informant : Mr. Saket Tiwari
(In CRIMINAL MISCELLANEOUS No. 16490 of 2026)
For the Petitioner/s : Mr. Prabhat Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Singh
For the Informant : Mr. Akshay Ashish, Advocate
Mr. Pawan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 These cases arise out of the same P.S. Case i.e.,
Panaura P.S. Case No. 166 of 2025; therefore, they are being
heard together and disposed of by a common order.
2. Heard the learned Senior counsels, the learned
counsels for the petitioners, learned APP for the State and the
Patna High Court CR. MISC. No.91155 of 2025(4) dt.26-03-2026
3/5
learned counsel for the informant.
3. The petitioners seek regular bail in connection with
Punaura P.S. Case No. 166 of 2025 registered for the offence
under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
4. The prosecution case, in brief, is that the informant,
Nand Kishore Sah, lodged a written report on 29.07.2025,
alleging that on 28.07.2025, at about 4:30 A.M., his minor son,
Abhinav Kumar, was taken by the petitioner, Rinki Devi, and
her husband, Ram Sahay Yadav @ Ram Sahay Rai, to their
house. Later, at around 7:00 A.M., the informant came to know
that the dead body of Abhinav Kumar was lying on the upper
floor of the petitioner’s house. There were multiple injuries on
his person and marks on his neck suggestive of strangulation by
a rope or chain. The informant alleged that the petitioner and her
husband, along with other co-accused, committed the murder in
furtherance of a conspiracy.
4. From the CCTV footage, it appears that all the
petitioners were seen going to and coming out of the house. It
has been argued by Mr. Giri, the learned Senior Counsel, and
other counsels that the deceased was attempting to commit theft,
was caught by the villagers, subsequently assaulted, and later
Patna High Court CR. MISC. No.91155 of 2025(4) dt.26-03-2026
4/5
died. The petitioner, Rinki Devi, is in custody since 30.08.2025;
the petitioner, Nilmani @ Dablu Yadav @ Bablu Yadav, is in
custody since 01.09.2025; the petitioner, Ram Sahay Prasad
Yadav @ Ram Sahay Yadav @ Ram Sahay Ray, is in custody
since 29.08.2025; and the petitioner, Nitish Kumar, is in custody
since 29.08.2025.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
The learned counsel for the informant has submitted that the
deceased has been killed by the petitioner Rinki Devi and her
husband Ram Sahay Yadav @ Ram Sahay Rai and other co-
accused have assisted them.
6. I have considered the submissions of the parties and
have gone through the materials available in the case diary.
From the movement of the accused persons observed in the
CCTV footage and from the statements of some independent
witnesses, it appears that the deceased was caught while
committing theft and was subsequently assaulted, resulting in
his death.
7. In view of the above, these applications are
allowed.
8. Let the petitioners, above named, be released on
Patna High Court CR. MISC. No.91155 of 2025(4) dt.26-03-2026
5/5
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Punaura P.S. Case No. 166 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…