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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on the condition of a bail bond of Rs 10,000 with two sureties.

Summary

Nitish Kumar was arrested in connection with a murder alleged to have been committed under Sections 103 and 3(5) of the BNS and Section 27 of the Arms Act. The prosecution alleged that friends of the informant’s son lured the son to a horse race and later to Mallikpur where he was shot dead. The informant, who testified as PW‑1, stated in cross‑examination that he does not know who actually fired the fatal shot. The petitioner, in judicial custody since 27‑01‑2025, sought regular bail, pointing out that other co‑accused had already been released on bail. The informant opposed bail, arguing that the trial was at its final stage. After hearing both sides, the court found no material reason to deny bail and ordered the petitioner’s release on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the stage of the trial.

Legislation cited

Subjects

  • bail
  • regular bail
  • Criminal Procedure Code
  • Arms Act
  • murder
  • informant testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65194 of 2025
                      Arising Out of PS. Case No.-22 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Nitish Kumar S/o Sanjivan Ray R/o Vill- Sukumarpur, P.S.- Raghopur, Distt-
                 Vaishali                                                  ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sudish Kumar, Advocate
                 For the State           :        Mr. Umesh Lal Verma, APP
                 For the Informant       :        Mr. Anirudh Kumar Sinha, Advocate
                                                  Mr. Alok Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

6   18-02-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the Informant and learned APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103 & 3(5)

                   of the BNS and further added Sections 103(1) & 3(5) of the

                   BNS and under Section 27 of the Arms Act.

                                 3. The case of the prosecution, in short, is that friends

                   of the informant’s son Nitin Kumar @ Abhishek Kumar called

                   Nitin to see horse race. Thereafter they took him to Mallikpur,

                   where other co-accused persons and 4-5 unknown persons killed

                   his son by firing on his head.

                                 4. Learned counsel for the petitioner submits that in

                   this case informant has been examined as P.W.-1 and in his cross-

                   examination in Paragraph ‘15’ he has said that up till now no one

                   has told him as to who has killed his son. It was not verified during

                   course of investigation as to who has fired; neither he has
            Patna High Court CR. MISC. No.65194 of 2025(6) dt.18-02-2026
                                                        2/2




                      come to know that who has fired at his son. Learned counsel for

                      the petitioner has further submitted that the petitioner is

                      languishing in judicial custody since 27.01.2025. Learned

                      counsel for the petitioner has further submitted that other co-

                      accused persons have been granted bail by the learned Co-

                      ordinate Bench vide Cr. Misc. Nos. 66061 of 2025 and 73145 of

                      2025.

                                   5. Learned counsel for the Informant has vehemently

                      opposed the bail and has stated that in this case the trial is at its

                      fag end.

                                   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 released on bail in connection with

                      Sessions Trial No.193 of 2025, arising out of Raghopur P.S.

                      Case No. 22 of 2025 on furnishing bail bond of Rs.10,000/- (ten

                      thousand) each of them with two sureties of the like amount

                      each to the satisfaction of learned Additional Sessions Judge-

                      VIII, Vaishali at Hajipur.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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