Patna High Court
Nishant Kumar @ Nishant Kumar Rajput @ Kunal @ RaukyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
The Patna High Court considered an application for bail filed by Nishant Kumar, accused in Mahua Police Station Case No. 1431 of 2024 for an offence under Section 309(4) of the B.N.S., 2023, alleged to involve looting of Rs 2,83,000. The petitioner asserted that he was falsely implicated, that the FIR was lodged against unknown miscreants, and that apart from a confessional statement no material was recovered; he had been in judicial custody since 25‑04‑2025. The State opposed bail, relying on the petitioner’s two prior criminal cases. After weighing the submissions and the lack of substantive evidence, the court held that continued detention was unwarranted. Consequently, 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 accused under Section 309(4) of the B.N.S., 2023 in view of the alleged looting and the petitioner’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- confessional statement
- prior criminal antecedent
- theft
- Section 309(4)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5010 of 2026
Arising Out of PS. Case No.-1431 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Nishant Kumar @ Nishant Kumar Rajput @ Kunal @ Rauky Son of Dinesh
Singh Resident of village- Narangi Jagdish, Ps- Jaitpur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioner and Mr. Md. Ataur Rahman, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Mahua P.S. Case No. 1431 of 2024 registered for the
offence punishable under Section 309(4) of the B.N.S., 2023.
Further, Section 309(4) has also been added.
3. The case of the prosecution in short is that
unknown miscreants have looted altogether Rs. 2,83,000/- from
the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the FIR
Patna High Court CR. MISC. No.5010 of 2026(2) dt.04-02-2026
2/2
was lodged against unknown miscreants. During the course of
investigation, the petitioner was remanded in this case from
Mahua P.S. Case No. 182 of 2025; thereupon, the petitioner has
given his confessional statement. He also submits that nothing
has been recovered from the possession of this petitioner. Save
and except the confessional statement, there is nothing against
the petitioner. He further submits that the petitioner is
languishing in judicial custody since 25.04.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. 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 learned
A.C.J.M.-IV, Vaishali at Hajipur in connection with Mahua P.S.
Case No. 1431 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…