Patna High Court
Nitish Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail must be granted to the petitioner.
Summary
The petitioner, Nitish Kumar Sharma, sought bail for offences under Sections 103, 238 and 3(5) of the Bihar Narcotic Substances Act in connection with a death that was later found to be a hanging. The prosecution alleged that the petitioner was involved in the killing of the deceased, citing villagers' statements that he threatened the victim. The defence highlighted the absence of any eyewitness to the killing, the post‑mortem report showing death by asphyxia due to hanging, and the petitioner’s clean criminal record. The court examined whether the circumstances justified continued detention. Concluding that the evidence did not establish a prima facie case of murder, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 103, 238 and 3(5) of the Bihar Narcotic Substances Act.
- Whether the post‑mortem finding of death by hanging negates the presumption of murder.
- Whether the lack of an eyewitness to the alleged killing warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 108, 238, 3(5)
Subjects
- bail
- criminal procedure
- homicide
- hanging
- post‑mortem report
- presumption of innocence
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4738 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- BARARI District- Katihar
======================================================
Nitish Kumar Sharma S/o- Late Kishan Sharma R/v- Harinkol, Bishanpur,
Ward no 5, PS- Barari, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barari P.S. Case No.255 of 2025 registered for the offence
punishable under Sections 103, 238 and 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
deceased and the petitioner were seen by the villagers and they
were caught. It is alleged that the deceased managed to flee
away and the petitioner was caught by the villagers. He was
also being assaulted. The deceased could not be searched. On
09.08.2025, the dead body of the deceased was found in the
mango orchard hanging from a tree.
4. Learned counsel appearing on behalf of the
petitioner has submitted that as per the case of the prosecution
Patna High Court CR. MISC. No.4738 of 2026(3) dt.31-03-2026
2/3
the petitioner and the deceased were seen together and they
were apprehended by the villagers. The deceased managed to
flee away whereas this petitioner was being thrashed by the
villagers and during course of investigation it has come that he
was left as the Sarpanch has persuaded the villagers to leave
him. Learned counsel for the petitioner has further submitted
that during course of investigation it has come that there is no
eye-witness to say that who has killed the deceased. Moreover,
in this case police has filed charge-sheet under Section 108 of
the BNSS and from perusal of the post-mortem report also it is
clear that the doctor conducting autopsy has not found any ante-
mortem injury except ligature mark and the cause of death is
asphyxia due to hanging. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 07.09.2025.
5. Countering this, learned counsel for the Informant
has vehemently opposed the bail and has submitted that this
petitioner has killed the deceased and only he is responsible for
the death of the deceased as during course of investigation
witnesses have stated that the petitioner was saying that if he is
not left by the villagers, his friends will kill the deceased.
6. In any view of the matter, the post-mortem report
Patna High Court CR. MISC. No.4738 of 2026(3) dt.31-03-2026
3/3
amply clarifies that the death was due to hanging.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Chief Judicial Magistrate, Katihar in connection with Barari P.S.
Case No.255 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…