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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a murder case (PS Case No. 55 of 2025) alleging that he was involved in the killing and burial of his friend’s husband. The informant claimed the accused conspired due to a land dispute, while the petitioner asserted his innocence, stating he was merely a friend of the main accused, Deepak Kumar, who had already been granted bail. The petitioner had been in custody since 28 April 2025 and sought regular bail, arguing lack of evidence linking him to the crime. The State opposed the bail application. After considering the facts, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in the murder case under Sections 103(1), 238(a) and 3(5) of the BNS.

Legislation cited

  • BNS — s. 103(1), 238(a), 3(5)

Subjects

  • regular bail
  • murder
  • land dispute
  • surety
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58039 of 2025
                        Arising Out of PS. Case No.-55 Year-2025 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Nitish Kumar S/O Late Nandelal Singh R/O Village- Mahadevpur, P.S-
                 Rajgir, District- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail in

                   connection with Rajgir P.S. Case No. 55 of 2025, registered for the

                   offences punishable under Sections 103(1), 238(a) and 3(5) of the

                   BNS.

                                   3. The informant stated that on 29.01.2025, she

                   received information about a buried dead body at Mathiyani Sabalpur

                   Khanda, which was later identified as her husband Rajiv Singh @

                   Naga. Her husband had been missing since 09.01.2024 after going to

                   Tarpar to collect paddy. She suspected that he was murdered and

                   buried. Due to an ongoing land dispute, the informant alleged that the

                   accused persons, who had earlier threatened her husband, conspired

                   to kill him and dispose of his body.
           Patna High Court CR. MISC. No.58039 of 2025(5) dt.12-01-2026
                                                       2/2




                                   4. The learned counsel for the petitioner has submitted

                     that the petitioner is innocent and has falsely been implicated. The

                     investigation does not show that the petitioner had illicit relation with

                     wife of the deceased. It was Deepak Kumar, who had illicit relation

                     with wife of the deceased. The petitioner is friend of main accused

                     Deepak Kumar and that is why he has been suspected in the present

                     case. The petitioner is under custody since 28.04.2025. He has also

                     submitted that main accused Deepak Kumar has been granted bail by

                     the court below itself.

                                   5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                     6.   Considering        the   above-mentioned   facts   and

                     circumstances, let the petitioner above-named be released on bail on

                     furnishing bail bonds of Rs.10,000/- with two sureties of the like

                     amount each to the satisfaction of learned ACJM 1 st Nalanda at Bihar

                     Sharif in connection with Rajgir P.S. Case No. 55 of 2025, subject to

                     the condition that the petitioner shall cooperate in the disposal of trial

                     and make himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T


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