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Patna High Court

Nitish Kumar @ Kumar Nitish Raj Bauwa @ Nitish Raj @ Bauwa @ Bauwa Yadav @ Kumar Nitish RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed as withdrawn, allowing the petitioner to file a fresh bail petition at the appropriate time.

Summary

The petitioner, Nitish Kumar, filed a second bail application in the High Court of Patna after an earlier bail petition was rejected on 21 November 2025. The petitioner’s counsel, Ms. Rashmi Jha, argued for release, while the State, represented by Mr. Mritunjay Kumar Nirala, contended that the application was premature. Justice Sandeep Kumar observed that the current bail petition was filed prematurely and that the court was not inclined to entertain it at this stage. Consequently, the court dismissed the application as withdrawn. The petitioner was granted liberty to file a fresh bail petition at the appropriate time.

Issues considered

  • Whether the second bail application filed by the petitioner is premature and can be entertained by the court.

Subjects

  • bail
  • criminal procedure
  • premature filing
  • High Court
  • dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3085 of 2026
                      Arising Out of PS. Case No.-64 Year-2024 Thana- SAUR BAZAR District- Saharsa
                  ======================================================
                  Nitish Kumar @ Kumar Nitish Raj Bauwa @ Nitish Raj @ Bauwa @ Bauwa
                  Yadav @ Kumar Nitish Raj S/o Late Dilip Yadav @ Dilip Prasad Yadav
                  Resident of Village- Ghoghanpatti, P.S.- Patarghat, District- Saharsa

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Ms.Rashmi Jha, Advocate
                  For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    12-02-2026                  Heard the learned counsel for the petitioner and the

                    learned counsel for the State.

                                 2. This is the 2nd attempt of the petitioner. Earlier the

                    bail application of the petitioner was rejected on 21.11.2025 in

                    Cr. Misc. No. 67434 of 2025 and this bail application has been

                    filed prematurely.

                                 3. In these circumstances, I am not inclined to

                    entertain this petition at this stage. This application is permitted

                    to be dismissed as withdrawn with liberty to the petitioner to file

                    a fresh bail petition at the appropriate time.



                                               (Sandeep Kumar, J)
tusharika/-
U       T


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