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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was dismissed, denying regular bail to the petitioner.

Summary

The petitioner, Nitish Kumar, was charged under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly killing the informant's grandson by gunshot. He applied for regular bail, arguing his custody since 30 January 2025. The Patna High Court, after considering the seriousness of the charges, the material evidence and the gravity of the alleged offences, rejected the bail application. The court, however, directed the trial court to expedite the trial and aim to conclude it within one year from the receipt of the order. Consequently, the petitioner remains in custody pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder, criminal conspiracy and offences under the Arms Act

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • Arms Act
  • high court
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54433 of 2025
                       Arising Out of PS. Case No.-121 Year-2022 Thana- AGIAON District- Bhojpur
                 ======================================================
                 Nitish Kumar S/o- Nilam Kumar Singh @ Nilam Singh Resident of
                 Bishwambhara P.S- Agiaon, Dist- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar , Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-02-2026                          Heard learned counsel for the petitioner and

                   learned A.P.Ps. for the State .

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 302, 120 ( B ) and 34 of IPC and 27 of

                   Arms Act.

                                3 . As per F.I.R. petitioner along with other co-

                   accused persons are alleged to have killed grandson of

                   informant by gun shot injuy .

                                    4. Considering the nature of accusation, material

                   available on record and gravity of offence and other

                   circumstances of the case, the prayer of petitioner for regular

                   bail is rejected. However, since petitioner is in custody since

                   30.01.2025, learned Trial Court is directed to expedite and

                   conclude the trial preferably within the period of one year from the
            Patna High Court CR. MISC. No.54433 of 2025(4) dt.12-02-2026
                                                        2/2




                      date of receipt/production of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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