Patna High Court
Nitish Kumar @ Kumar Nitish Raj Bauwa @ Nitish Raj @ Bauwa @ Bauwa Yadav @ Kumar Nitish RajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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The bail application is dismissed as withdrawn, allowing the petitioner to file a fresh bail petition at the appropriate time.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 Consequently, the court dismissed the application as withdrawn.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to be dismissed as withdrawn with liberty to the petitioner to file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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