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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the co‑accused’s statements and the ongoing investigation did not establish a convincing case for granting bail.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail after learning that a FIR (Case No. 237 of 2024) had been lodged for offences under Sections 310(2), 311, 109 of the BNS Act and Section 27 of the Arms Act. The FIR alleged that informants were looted and fired upon, causing injuries, and the petitioner’s name was not mentioned in the FIR. During arguments, the petitioner’s counsel highlighted a diary entry indicating that co‑accused Vikash Kumar and Akash Kumar had confessed that the petitioner was not present at the scene, though they admitted the incident was within his knowledge. The court considered the nature of the accusations, the co‑accused’s statements, and the fact that the investigation remained open. Concluding that the allegations were not sufficiently convincing to merit anticipatory bail, the court rejected the petition.

Issues considered

  • What is the appropriate standard for granting anticipatory bail when the petitioner is not named in the FIR but co‑accused statements suggest knowledge of the incident?
  • Does the co‑accused’s confession that the petitioner was not present at the scene preclude the necessity of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • co‑accused confession
  • criminal procedure
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35336 of 2025
                     Arising Out of PS. Case No.-237 Year-2024 Thana- BUNIYAD GANJ District- Gaya
                 ======================================================
                 Nitish Kumar S/o Surendra Yadav R/o Village- Sahay Bigha, P.S.-
                 Makhdumpur, Dist.- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prithivi Raj Singh
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   21-01-2026                    Heard the parties.

                                2. The petitioner is not named in the F.I.R. and

                   apprehending his arrest in connection with Buniyadganj P.S.

                   Case No. 237 of 2024 registered for the offences punishable

                   under Sections 310(2), 311, 109 of BNS and Section 27 of

                   Arms Act.

                                3. As per FIR, informant and his brother was looted

                   during the occurrence who were working with R.V.M. Future

                   Nidhi Ltd. and during the occurrence the accused persons

                   open fire upon informant and others causing bodily injuries on

                   chest and leg.

                                4. During course of argument, learned counsel
              Patna High Court CR. MISC. No.35336 of 2025(6) dt.21-01-2026
                                                          2/2




                        appearing on behalf of the petitioner drawn attention of this

                        Court towards para no. 98 of the case diary where

                        apprehended co-accused namely Vikash Kumar and Akash

                        Kumar confessed the involvement of this petitioner alongwith

                        other unknown co-accused persons stating that this petitioner

                        never visited place of occurrence. However, it is submitted

                        that said statement also disclosing the fact that the

                        occurrence was well within the knowledge of this petitioner

                        also. It is submitted that in view of the fact as petitioner was

                        not present at the place of occurrence the allegation of firing

                        not appears convincing against him.

                                     5. Let it be so, considering the nature of accusations

                        and further in view of statement of co-accused as discussed

                        aforesaid, coupled with the fact that investigation is still open,

                        the prayer of anticipatory bail of petitioner stands rejected

                        for the present.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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