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Patna High Court

Nitish Kumar @ ChuhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Nitish Kumar (alias Chuhiya), was arrested on 27‑12‑2025 in connection with FIR dated 15‑02‑2025 for offences under Section 309(4) of the Bihar Narcotic Substances Act. The prosecution alleges that four accused, including the petitioner, robbed an informant at gunpoint, seizing mobile phones, cash and a motorcycle. The petitioner contends he was falsely implicated, not named in the FIR, and that the recovered motorcycle was found in a forest behind his house, not at his residence. The State opposed bail, noting a pending case against the petitioner, but the petitioner’s counsel argued his innocence and lack of prior convictions. The High Court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 309(4) of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s alleged involvement, based on a co‑accused’s confessional statement and recovery of a stolen motorcycle, warrants continued detention.

Legislation cited

Subjects

  • bail
  • Section 309(4)
  • Bihar Narcotic Substances Act
  • false implication
  • confessional statement
  • recovery of stolen property
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18476 of 2026
                          Arising Out of PS. Case No.-69 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Nitish Kumar @ Chuhiya S/o Upendra Yadav Resident of village- Mahadev
                 sthan, PS- Gurua, District- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Anand, Advocate
                 For the State            :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr. Abhishek Anand, learned counsel for the

                   petitioner and Mr. Navin Kumar Pandey, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   27.12.2025, in connection with Gurua P.S. Case No. 69 of 2025,

                   F.I.R. dated 15.02.2025 registered for the offences punishable

                   under Sections 309(4) of the B.N.S.

                                 3. The prosecution case, in brief, is that four accused

                   persons came with motorcycle and stopped the informant and

                   pointed a gun on his neck and snatched two mobile phones and

                   Rs. 4200/- as well as snatched his motorcycle also.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named
Patna High Court CR. MISC. No.18476 of 2026(2) dt.24-03-2026
                                            2/3




          in the F.I.R. and the name of the petitioner has been transpired

          during investigation on the basis of confessional statement of

          co-accused person and one looted motorcycle was recovered

          behind the house of the petitioner. Learned counsel for the

          petitioner further submits that the looted motorcycle was not

          recovered from the house of the petitioner but the same was

          recovered behind the house of the petitioner in the forest and the

          petitioner is in custody since 27.12.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries one more case

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     Judicial Magistrate 1st Class, Sherghati, Gaya Ji in

          connection with Gurua P.S. Case No. 69 of 2025, subject to the

          following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.18476 of 2026(2) dt.24-03-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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