Patna High Court
Nipesh Kumar @ Sittu ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the gravity of the offences and the commencement of trial preclude the grant of bail.
Summary
The petitioner, Nipesh Kumar, was arrested in connection with a kidnapping‑murder case (Akbarnagar PS Case No. 128 of 2024) and charged under several sections of the Bihar Negotiable Substances Act. He applied for bail for the second time after an earlier bail denial. The prosecution alleged that the petitioner participated in the conspiracy, citing that a ransom call was made from his mobile phone. The petitioner’s counsel argued that two examined witnesses did not name him. The court, relying on the seriousness of the offences, the commencement of trial, and a recent Supreme Court decision (X v. State of Rajasthan), refused bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the trial having commenced
- Whether the petitioner’s alleged involvement in the conspiracy, as indicated by the ransom call, warrants denial of bail
Subjects
- bail
- criminal procedure
- conspiracy
- kidnapping
- murder
- trial commencement
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4963 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Nipesh Kumar @ Sittu Choudhary S/o Gyandev Choudhary Resident of
Village - Goradih, Police Station - Goradih, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar, Adv
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Akbarnagar
P.S.Case No. 128 of 2024 registered for the offence punishable
under Sections 140(2),103(1) 23, 61(2), 103 (2), 238 of BNS.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 23.10.2024 passed in Cr. Misc.
No.75381 of 2024, which reads as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Akbarnagar P.S.Case No.
128 of 2024 registered for the offence
under section 140(2),103(1),23,61 (2) of
the BNS.
3. As per the prosecution case,
Patna High Court CR. MISC. No.4963 of 2026(2) dt.12-02-2026
2/2
the victim was kidnapped and killed by the
criminals and the petitioner is also said to
be the part of the conspiracy as the call of
ransom was made from the mobile phone
of the petitioner.
4.The petitioner is in custody
since 09.11.2024.
5. Considering the nature of
allegation and the gravity of the offence,
this Court is not inclined to grant bail to
the petitioner.
6. Accordingly, this application
is dismissed.”
4. Learned counsel for the petitioner submits that 2
witnesses has been examined, who have not taken the name of
the petitioner.
5. Considering the gravity of the offence and the fact
that the trial has started, the petitioner does not deserve bail in
view of the law laid down by the Hon’ble Supreme Court in the
case of X Vs. State of Rajasthan and Anr. Reported in 2024
SCC online SC 3539.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
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