Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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