Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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