Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.