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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is eligible for bail after the six‑month period and granted bail subject to conditions.

Summary

The petitioner, Nitish Kumar, filed a regular bail petition which was rejected by the Patna High Court on 12 May 2025. The court had directed that the petitioner could renew his bail application after a period of six months, which had subsequently elapsed. The petitioner, through counsel Ashish Kumar Sinha, renewed his bail prayer, while the State, represented by Brajendra Nath Pandey, opposed it. Considering the elapsed period and the circumstances of the case, the court ordered the release of the petitioner on bail upon furnishing a cash bond of Rs.10,000 and two sureties of equal amount. The bail was conditioned on the petitioner’s cooperation with the trial and his presence on all dates until the trial concludes.

Issues considered

  • Whether the petitioner is entitled to be granted bail after the earlier bail petition was rejected and the six‑month period prescribed by the court has elapsed

Subjects

  • bail
  • criminal procedure
  • regular bail
  • renewal of bail
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1667 of 2026
                      Arising Out of PS. Case No.-174 Year-2024 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Nitish Kumar Son of Rajesh Yadav Resident of Village - Lalganj, P.S.-
                 Chewara, District - Sheikhpura
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashish Kumar Sinha
                 For the Opposite Party/s :       Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                      Heard the learned counsel for the petitioner as

                   well as learned APP for the State.

                                2. The learned counsel for the petitioner has

                   submitted that the earlier regular bail petition of the petitioner

                   was rejected by this Court vide order dated 12.05.2025 in Cr.

                   Misc. No. 16435 of 2025. At the same time, it was observed

                   by this Court that the petitioner may renew his prayer for bail

                   after six months. The stipulated period has completed.

                                3. On the other hand, the learned APP for the State

                   has opposed the prayer for bail.

                                4. Considering the above-mentioned facts and

                   circumstances, let the petitioner above-named be released on

                   bail on furnishing bail bonds of Rs.10,000/- with two sureties

                   of the like amount each to the satisfaction of learned Principal
           Patna High Court CR. MISC. No.1667 of 2026(2) dt.16-02-2026
                                                       2/2




                     Sessions Judge, Jamui in connection with Lachhaur P.S. Case

                     No. 174 of 2024, subject to the condition that the petitioner

                     shall cooperate in the disposal of trial and make himself

                     available on each and every date till conclusion of the trial.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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