Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied; the petitioner must surrender and apply for regular bail before the District Court.
Summary
Nitish Kumar was arrested in connection with PS case No.258 of 2025 for alleged offences under several sections of the Bihar Narcotic Substances Act. He applied for pre‑arrest bail, arguing that the nature of injury reported by the doctor did not warrant continued detention. The court, after hearing counsel, held that the seriousness of the alleged offences and the medical opinion did not justify granting pre‑arrest bail. However, the court noted that no case under Sections 8 and 12 of the POCSO Act was made out against the petitioner. Consequently, the petitioner was directed to surrender before the District Court and seek regular bail there. The pre‑arrest bail application was therefore disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 115(2), 126(2), 109, 74, 76, 303(2) and 3(5) of the Bihar Narcotic Substances Act
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 126(2), 303(2), 3(5), 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- pre‑arrest bail
- regular bail
- narcotic offences
- POCSO Act
- Bihar High Court
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.514 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- NARHATT District- Nawada
======================================================
Nitish Kumar S/o Rajendra Yadav, R/o Village - Devra, P.S- Narhat, District -
Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jhangir Khan S/o Naeem Khan R/o Village - Pandey Bigha, P.S - Narhat,
District - Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 23-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Narhat P.S. Case No. 258 of 2025 registered for the offence
punishable under Sections 115(2), 126(2), 109, 74, 76, 303(2)
and 3(5) of the BNS.
3. Considering the nature of injury as per the opinion
of the doctor, I am not inclined to enlarge the petitioner on pre-
arrest bail.
4. The petitioner may surrender before the learned
District Court and seek regular bail. The learned District Court
is directed to consider the bail application of the petitioner on
Patna High Court CR. MISC. No.514 of 2026(3) dt.23-04-2026
2/2
the same day considering the fact that no case under Sections 8
and 12 of the POCSO Act is made out against the petitioner.
5. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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