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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail to the petitioner after framing of charge, subject to a bail bond of Rs 10,000 and two sureties of equal amount.

Summary

Nitish Kumar was arrested on 31 January 2024 in connection with a 2021 case alleging that a rangdari was demanded in his name. He faces charges under IPC sections 147, 148, 149, 504, 506, 385, 387 and section 27 of the Arms Act, and has 25 prior criminal antecedents. The petitioner applied for bail, arguing that similar persons with antecedents have been released and that there is no material against him in the FIR. The State opposed the bail. The Patna High Court, noting the petitioner’s prolonged pre‑trial detention of about two years and four months, ordered bail after framing of charge, requiring a bail bond of Rs 10,000 with two sureties of the same amount. The court clarified that its observations are prima facie and do not prejudice the trial.

Issues considered

  • Whether bail should be granted to a petitioner charged with serious offences under the IPC and Arms Act despite having 25 prior antecedents
  • Whether the length of pre‑trial detention justifies the grant of bail
  • Whether the conditions of bail (bond and sureties) are sufficient in the circumstances

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • IPC sections 147-149
  • IPC section 504
  • IPC section 506
  • IPC sections 385, 387
  • Arms Act
  • criminal antecedents
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22638 of 2026
                   Arising out of PS. Case No.-121 Year-2021 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Nitish Kumar S/O Gopal Singh Vill.- Pahsara, P.s.- Nawkothi, Dist.-
                 Begusarai                                            ... ... Petitioner/s
                                             Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shubhesh Pandey, Adv.
                 For the Opposite Party/s :     Mr. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   19-05-2026                 Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                              2. The petitioner seeks bail in Nawkothi P.S. Case No.

                   121 of 2021 registered for offences punishable under Sections

                   147, 148, 149, 504, 506, 385, 387 IPC and 27 Arms Act.

                               3. The allegation is that the rangdari was demanded in

                   the name of the petitioner. The case is of the year 2021 and the

                   petitioner could spare time to get arrested on 31.01.2024. The

                   Petitioner bears twenty five antecedents.

                                4. Learned counsel for the petitioner submits that the

                   persons having criminal antecedents have been allowed bail and

                   there is no material against the petitioner in the FIR and the case

                   diary. He further submits that the petitioner is in custody since

                   31.01.2024.

                               5. Learned Additional Public Prosecutor for the State
                Patna High Court CR. MISC. No.22638 of 2026(3) dt.19-05-2026
                                            2/2




           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that the petitioner is in custody for

           about two years and four months, this Court is inclined to grant

           bail to the petitioner after framing of charge.

                     7. Let the petitioner, above named, be released

           on bail after framing of charge. If the charge has

           already been framed he will be released forthwith

           on   furnishing        bail     bonds       of    Rs.       10,000/-   (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the learned court of Judicial

           Magistrate - 1 s t Class, Begusarai, in connection with

           Nawkothi P.S. Case No. 121 of 2021.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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