Patna High Court
Nitish Kumar @ ChuhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 309(4)
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
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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
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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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