Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, in view of the petitioner’s clean antecedent, the informant’s lack of support for the prosecution, and the precedent of bail to a co‑accused, bail should be granted subject to prescribed conditions.
Summary
The petitioner, Nitish Kumar, was arrested on 27 September 2025 in connection with a case alleging robbery, assault and murder under several sections of the Bihar Negotiable Statutes and Section 27 of the Arms Act. The prosecution’s case relied on the statements of an informant, who alleged that the petitioner and a co‑accused snatched a mobile phone and cash and later shot the informant, and that the petitioner had paid the co‑accused to commit the murder. The petitioner contended that he has a clean antecedent, the FIR is fabricated, the informant is his brother‑in‑law and did not support the prosecution during trial, and that a co‑accused had already been granted bail. The court, after considering these facts and the informant’s lack of support, granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidence.
- Whether the informant’s failure to support the prosecution affects the bail decision.
- Whether the petitioner’s clean criminal antecedent and claim of a fabricated FIR warrant bail.
- Whether the conditions imposed are appropriate and sufficient to safeguard the trial.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- false FIR
- informant
- arms act
- murder
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19265 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Nitish Kumar S/o Late Anandi Mandal Resident of Village - Mahisona, P.S -
Tetarhat, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay
: Ms. Urmilla
: Mr. Mandavi Kumari
: Mr. Umesh Prasad
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 15-05-2026 Heard Mr. Brajesh Sahay, learned counsel for the
petitioner and Mr. Abhay Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.09.2025 in connection with Chanan P.S. Case No. 124 of
2025 for the offences punishable under Sections 126(2), 115(2),
109, 303(2) and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in brief, is that on the
basis of fardbayan of informant Omprakash Kumar @ Munna
and it has been alleged by the informant that on 21.09.2025
petitioner Nitish Kumar and informant went to place of
occurrence and there co-accused Vikash Kumar snatched mobile
Patna High Court CR. MISC. No.19265 of 2026(4) dt.15-05-2026
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phone and Rs. 900/- cash form informant and shot informant in
his back due to informant sustained injury and later on he was
admitted in the hospital by the chowkidar. After investigation
charge sheet has been submitted against this petitioner and co-
accused Vikash Kumar and also against petitioner Puja Kumari
u/s- 126(2), 115(2), 109, 303(2), 3(5) B.N.S & 27 Arms Act. It
appears from the case diary para 6 that informant has supported
the allegation against the petitioner Nitish Kumar and he has
stated that petitioner Nitish Kumar took informant to a river side
and there co-accused shot informant. Further, as per case diary
para no 47 petitioner had paid money to co-accused Vikash
Kumar for committing murder of informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in the present case. It is further submitted that the allegation as
alleged in the FIR is forged and fabricated and the petitioner has
not committed any offence as alleged in the FIR. It is next
submitted that informant is brother-in-law of the petitioner.
Learned counsel for the petitioner next submits that the trial has
begun and the informant is deposed as PW-1 and he has not
supported the case of the prosecution (Annexure-2). Apart from
aforesaid, it appears from the FIR that there is no specific
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allegation of assault attributed against the petitioner. It is next
submitted that similarly situated co-accused person, namely,
Vikash Kumar has been granted bail by a Coordinate Bench of
this Court vide order dated 16.03.2026 passed in Cr. Misc. No.
16599 of 2026 and the police after investigation has submitted
charge-sheet and petitioner is in custody since 27.09.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and that the informant
has not supported the case of the prosecution before the learned
trial court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-II, Lakhisarai in
connection with Chanan P.S. Case No. 124 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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.
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Gaurav Sinha/-
U T
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