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Patna High Court

Nitish Kumar @ BajrangiversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the gravity of the offences and the petitioner’s antecedents preclude the grant of regular bail.

Summary

The petitioner, Nitish Kumar, applied for regular bail in a case registered under Section 103(1) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, relating to the killing of a deceased person. The prosecution alleged that unknown criminals committed the murder, but the petitioner was implicated through a self‑inculpatory statement of a co‑accused. The petitioner argued that he was falsely implicated and highlighted his six prior criminal antecedents, while also undertaking to cooperate with the trial. The State opposed the bail application, emphasizing the seriousness of the offences. The High Court, considering the gravity of the charges and the petitioner’s antecedents, declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under Section 103(1) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, considering the seriousness of the offences and the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • narcotic offences
  • arms act
  • grave offence
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43742 of 2026
                     Arising Out of PS. Case No.-172 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Nitish Kumar @ Bajrangi S/O Sanjay Singh @ Sanjay Pahalwan @ Pahalwan
                 Resident of village - Dani Tola , Ward No.- 12, P.S- Barahiya, Dist-
                 Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Barahiya P.S. Case No. 172/2025 registered for the offences

                   punishable under Section 103(1) of B.N.S. and Section 27 of

                   Arms Act.

                                3. As per the prosecution case, unknown criminals

                   had killed the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. The name of

                   the petitioner has come in the self-inculpatory statement of the

                   co-accused. Learned counsel further submits that he has six

                   criminal antecedents and he is in custody since 12.03.2026. The
              Patna High Court CR. MISC. No.43742 of 2026(2) dt.08-07-2026
                                                          2/2




                        petitioner undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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