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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a robbery and armed assault on a CSP on 4 August 2025, during which Rs. 1,20,000 was stolen and a police operator was injured. The prosecution’s case is based on the informant’s statement, recovery of the cloth used in the crime from a co-accused’s house, and the petitioner’s identification in a jail identification parade, along with his six prior cases. The petitioner argued that he was not originally named in the FIR and was only implicated later through a co-accused’s confession, asserting lack of further evidence. The State opposed bail, emphasizing the seriousness of the offences under Section 309(6) of the BNS Act and Section 27 of the Arms Act, the recovered evidence, and the petitioner’s criminal history. The court, after weighing the facts, declined to grant bail, finding the circumstances warranted continued custody. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused in a case involving robbery, armed assault, and offences under Section 309(6) of the BNS Act and Section 27 of the Arms Act.
  • Whether the identification of the accused in a jail parade and his prior criminal record justify denial of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • armed assault
  • identification parade
  • prior criminal record
  • Section 27 Arms Act
  • Section 309 BNS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33625 of 2026
                   Arising Out of PS. Case No.-122 Year-2025 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Nitish Kumar S/O Yugeshwar Ray Resident of Village - Pojhiya,P.S- Lalganj,
                 Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray
                 For the Opposite Party/s :       Ms. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Mr. Hemant Ray, learned counsel for the

                   petitioner and Ms. Sangeeta Sharma, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.12.2025 in connection with Chakmehsi P.S. Case No. 122 of

                   2025 for the offences punishable under Section 309(6) of BNS

                   and Sections 27 of Arms Act.

                               3. The case of the prosecution, in brief, is that the

                   fardbyan of the informant has been recorded by S.I. Annu Singh

                   on his (informant's) house on 04-08-2025 at around 15:45 that

                   on 04-08-2025 at around 11:55 Α.Μ., two people entered the

                   CSP with pistols in their hands and two people were standing

                   outside the CSP. The person who entered, showed a pistol to the

                   CSP operator and after looting Rs. 1,20,000/- all four accused
Patna High Court CR. MISC. No.33625 of 2026(2) dt.14-05-2026
                                             2/3




          persons started fleeing on two motorcycles. When the CSP

          operator raised an alarm, they left one motorcycle and all four

          fled on a single motorcycle, firing through pistols, one bullet hit

          the CSP operator on his thigh. Informant was treated in the

          Pussa        Hospital         by         the         help   of   villagers.

          On the basis of the above fardbyan/statement, the present case

          was instituted and the investigation was taken up.

                      4. Learned counsel for the petitioner submits that

          initially the petitioner was not named in the FIR and the name of

          the petitioner has transpired during the course of investigation

          on the basis of confessional statement of co-accused person,

          namely, Md. Sahid and except the aforesaid nothing has come

          during investigation to suggest the involvement of the petitioner

          with the present occurrence and petitioner is in custody since

          08.12.2025.

                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for

          bail of the petitioner and submits that the cloth which was used

          in the present crime in question was recovered from the house

          of co-accused person. Apart from that the petitioner has been

          identified during the test identification parade held at jail and

          the petitioner has antecedent of six cases other than the present
           Patna High Court CR. MISC. No.33625 of 2026(2) dt.14-05-2026
                                                       3/3




                     case.

                                  6. Considering the facts and circumstances of the

                     case, I am not inclined to enlarge the petitioner on bail in

                     connection with Chakmehsi P.S. Case No. 122 of 2025 pending

                     in the court of learned Judicial Magistrate 1 st Class, Samastipur

                     or in the successor Court.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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