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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied bail to the petitioner.

Summary

Nitish Kumar was arrested on 24 July 2025 in connection with a murder case (Shahpur P.S. Case No. 417 of 2023) where he is alleged to have shot the informant's son. The FIR, dated 15 July 2023, charges him under IPC sections 302, 148, 342, 326 and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming the FIR is fabricated, and sought bail, arguing he has been in judicial custody for over eight months. The State and the informant opposed bail, relying on medical evidence from the post‑mortem report and noting the petitioner’s six prior criminal antecedents, five of which are pending bail. The High Court, after considering the seriousness of the allegations, the supporting medical evidence, and the petitioner’s criminal history, refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a murder case involving sections 302, 148, 342, 326 IPC and Section 27 Arms Act, given the existence of medical evidence and prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • criminal antecedents
  • post-mortem evidence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1912 of 2026
                        Arising Out of PS. Case No.-471 Year-2023 Thana- SAHPUR District- Patna
                 ======================================================
                 Nitish Kumar S/o Sri Prithvi Rai R/o Village - Shankarpur Dera, P.S -
                 Shahpur, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 For the Informant        :       Mr. Manoranjan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                        Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner, Mr. Nitya Nand Tiwary, learned A.P.P. for the State

                   and Mr. Manoranjan Kumar, learned counsel for the Informant.

                                   2. The petitioner seeks bail, who is in custody since

                   24.07.2025 in connection with Shahpur P.S. Case No. 417 of

                   2023, FIR dated 15.07.2023 registered for the offence under

                   Section 302, 148, 342, 326 of the Indian Penal Code and Section

                   27 of Arms Act.

                                   3. Allegation against the petitioner is that he along

                   with other co-accused persons murdered the informant’s son by

                   shooting him from a country made pistol.

                                   4. Learned counsel appearing for the petitioner

                   submits that the petitioner is innocent and he has falsely been
            Patna High Court CR. MISC. No.1912 of 2026(3) dt.09-04-2026
                                                        2/2




                      implicated in this case. He further submits that the allegation as

                      alleged in the F.I.R. is false and fabricated and the petitioner has

                      not committed any offences as alleged in the F.I.R.and the

                      petitioner is rotting in judicial custody since 24.07.2025.

                                      5. Learned A.P.P. for the State and learned counsel

                      for the Informant have vehemently opposed the prayer for bail

                      of the petitioner and submits that there is direct and specific

                      allegation against the petitioner supported by medical evidence

                      (post-mortem report) and apart from that petitioner carries six

                      criminal antecedents in which he is on bail in five cases.

                                      6. Considering the facts and circumstances of the

                      case as well as nature of allegation supported by medical

                      evidence, I am not inclined to enlarge the petitioner on bail in

                      connection with Shahpur P.S. Case No. 417 of 2023, pending in

                      the Court of Additional Sessions Judge-VII, Danapur, Patna.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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