Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 148, 302, 326, 342
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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