Patna High Court
Nitish Kumar @ Nitis KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, given the nature of the allegation and the petitioner’s prolonged pre‑trial detention, regular bail should be granted on a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Nitish Kumar, was implicated in a theft case involving a stolen motorcycle, alleged under section 303(2) of the Bharatiya Nyaya Sanhita, 2023, later amended with section 317(2). He claimed the FIR was lodged against an unknown person and that his confession, which allegedly led to the recovery of the motorcycle, was fabricated by the police. Having been in custody since 2 May 2025, the petitioner sought regular bail, arguing false implication and prolonged pre‑trial detention. The State opposed the bail application. Considering the nature of the allegation, the material gathered during investigation, and the fact that the petitioner had been detained for over ten months, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023
- Whether the prolonged pre‑trial detention of more than ten months justifies the grant of bail
- Whether the alleged offence is bailable in view of the facts and investigation
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
Subjects
- regular bail
- theft
- motorcycle theft
- false implication
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- bailable offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18233 of 2026
Arising Out of PS. Case No.-508 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Nitish Kumar @ Nitis Kumar S/O Suresh Yadav R/O Village- Dhakjari Ward
No. 11, P.S- Sonbarsa Kachahari, District- Saharsa, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Saharsa Sadar P.S. Case
no.508 of 2025 registered under section 303(2) of the Bharatiya
Nyaya Sanhita, 2023 to which section 317(2) of the Bharatiya
Nyaya Sanhita, 2023 was added subsequently.
3. As per the prosecution case, the informant states
that he had parked his motorcycle near his house. On returning
after sometime, he found his motorcycle missing.
4. Learned counsel for the petitioner submits that the
FIR was registered against unknown. The petitioner has been
falsely implicated in the case in course of investigation wherein
it is incorrectly alleged that it was on the confession of the
petitioner that the stolen motorcycle was recovered. No
Patna High Court CR. MISC. No.18233 of 2026(2) dt.25-03-2026
2/2
incriminating article has been recovered on the petitioner’s
confession and the story has been planted by the
police/prosecution. The cause of petitioner’s false implication is
his antecedents. The petitioner has remained in custody since
2.5.2025. He undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR, the material that has transpired in course
of investigation as is evident from the order of the learned trial
Court together with the petitioner having remained in custody
for more than 10 months since 2.5.2025, the Court directs the
petitioner to be enlarged on bail in connection with Saharsa
Sadar P.S. Case no.508 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Saharsa.
(Partha Sarthy, J)
Saurabh/-
U T
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