Patna High Court
Nitish Kumar @ Nitesh Kumar @ Nitish Yadav @ Nitish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond, sureties and verification of antecedents.
Summary
The petitioner, Nitish Kumar, was charged under sections 126(2), 115(2), 303(2), 308(3), 308(5) and 3(5) of the B.N.S. for allegedly ambushing, assaulting and extorting an informant on 24 July 2024. He applied for regular bail after being in custody for more than eight months, contending that he was falsely implicated and pointing out that two co‑accused had already been released on bail. The State opposed bail, alleging that the petitioner instigated the crime. The Court examined the seriousness of the offences, the length of pre‑trial detention, and the fact that co‑accused had been granted bail. It ordered that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties and subject to verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences charged.
- Whether the prior grant of bail to co‑accused influences the petitioner's bail application.
- Whether the alleged instigation of the crime by the petitioner justifies denial of bail.
- Whether the petitioner’s prolonged pre‑trial custody warrants bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 308(3), 308(5), 3(5)
Subjects
- bail
- regular bail
- IPC
- serious offences
- pre‑trial detention
- co‑accused bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44378 of 2025
Arising Out of PS. Case No.-134 Year-2024 Thana- MAHESHKHUNT District- Khagaria
======================================================
Nitish Kumar @ Nitesh Kumar @ Nitish Yadav @ Nitish Kumar Yadav Son
of Bhadai Yadav Resident of village - Madarpur, P.S.- Maheshkhut, District -
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Maheshkhut P.S. Case No. 134 of 2024 dated
25.07.2024 registered for the offences punishable u/s 126(2),
115(2), 303(2), 308(3), 308(5) and 3(5) of the B.N.S.
3. As per the prosecution case, on 24.07.2024,
when the informant was going to his maternal home and he
reached the Goshari Hanuman Temple by tempo then the
petitioner along with co-accused Suman Kumar Yadav and
Kundan Kumar along with 10 to 12 unknown persons ambushed
him with intent to kill. They dragged him into the forest,
stripped him naked, brutally assaulted him and made a naked
Patna High Court CR. MISC. No.44378 of 2025(4) dt.20-01-2026
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video by using a mobile phone. They also took Rs. 7,000/- from
his pocket. The accused persons also threatened him that they
would kill him if he reported the incident or failed to pay them
Rs. 50,000/-.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. Two co-accused persons namely Suman Kumar
Yadav and Kundan Kumar have been granted bail. Co-accused
Ravi Tanti @ Ravindra Tanti, who is alleged to have committed
unnatural offence with the informant, has also been granted bail
by a coordinate Bench of this Court vide order dated 09.01.2025
in Cr. Misc. No. 85931 of 2024. The case of the petitioner is on
better footing than that of co-accused Ravi Tanti. The petitioner
is under custody for more than eight months.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail by submitting that it is the petitioner,
who instigated co-accused Ravi Tanti to commit the offence.
6. Co-accused Ravi Tanti has been granted bail and
the petitioner is under custody for more than eight months.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
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of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Khagaria in connection with Maheshkhut
P.S. Case No. 134 of 2024, subject to the condition that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
8. Before accepting the bail bond of the petitioner,
the learned court below shall verify his criminal antecedent
and if it is found that he is involved in any other case except
the cases, as mentioned in para-3 of the bail petition, his bail
bond shall not be accepted.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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