Patna High Court
Nishant Kumar Rajput @ Kunal @ RockyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted in the present circumstances.
Summary
The petitioner, Nishant Kumar Rajput, was charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 for a loot case (Mahua P.S. Case No. 182 of 2025). He confessed, provided a self‑inculpatory statement, and part of the stolen property and the mobile phone used were recovered from him. He has been in custody since 13‑02‑2025 and has two prior criminal antecedents. The petitioner applied for regular bail for the second time. The Patna High Court, after considering the confession, recovery of evidence, and his antecedents, declined to grant regular bail, directing that if the trial is not concluded within a year, he may renew his bail prayer. The application for regular bail was therefore rejected.
Issues considered
- Whether regular bail should be granted to a petitioner who has confessed to the offence, has part of the stolen property recovered, and has prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- confession
- criminal antecedents
- loot
- Bharatiya Nyaya Sanhita
- Section 309
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32018 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Nishant Kumar Rajput @ Kunal @ Rocky S/o Dinesh Singh R/o - Village-
Narangi Jagdish, P.S.- Jaitpur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Mahua P.S. Case No. 182 of
2025 registered for the offence under Section 309(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. Unknown criminals committed loot. The petitioner
has confessed and has given a self inculpatory statement. A part
of the looted amount and the mobile phone used in the crime
have been recovered from the possession of the petitioner. The
petitioner is in custody since 13.02.2025 and has two criminal
antecedents.
4. Considering the facts and circumstances of the
case, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.32018 of 2026(2) dt.14-05-2026
2/2
petitioner.
5. Accordingly, this application for regular bail stands
rejected again.
6. If the trial of the petitioner is not concluded within
the next one year then he may renew his prayer for bail.
(Sandeep Kumar, J)
vikas/-
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