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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offences and the petitioner’s antecedents preclude the grant of regular bail.

Summary

The petitioner, Nitish Kumar, applied for regular bail in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code and Section ¾ of the Explosive Substances Act, alleging that he was innocent and that no direct material linked him to the offence. The prosecution alleges that the deceased was killed by a bomb and that the petitioner’s name surfaced during investigation. The petitioner has been in custody since June 2023 and faces fifteen other pending cases, including murder and arms offences. The petitioner’s counsel argued that the trial has not yet been committed to the Sessions Court, causing undue delay. The Court, after considering the seriousness of the charges and the petitioner’s antecedents, declined to grant bail and dismissed the application, directing the case to be committed to the Sessions Court.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving murder, conspiracy, and use of explosives.
  • Whether the delay in committing the case to the Sessions Court warrants bail.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • explosive substances
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68770 of 2025
                   Arising Out of PS. Case No.-103 Year-2021 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Nitish Kumar S/o Gopal Singh Vill.- Pahsara, PS- Nawkothi, Distt.-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Shubhesh Pandey
                 For the Opposite Party/s :     Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   24-06-2026                    Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Nawkothi P.S. Case No. 103 of 2021 registered for the offence

                   under Sections 302, 120(B), 34 of the Indian Penal Code and

                   under Section ¾ of the Explosive Substances Act.

                                3. As per the prosecution case, the deceased was

                   brutally killed by throwing bomb and the name of the petitioner

                   has surfaced in this case during investigation.

                                4. The petitioner is in custody since 21.06.2023 and

                   he is accused in 15 more cases including the cases of murder,

                   attempt to murder, arms act, demand of extortion etc.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and there is no direct material against the
          Patna High Court CR. MISC. No.68770 of 2025(5) dt.24-06-2026
                                                      2/2




                    petitioner in the case diary to connect him with the alleged

                    offence. He also submits that the trial of the petitioner is delayed

                    as the case has not even been committed in the Court of

                    Sessions.

                                 6. Considering the facts of the case and the

                    antecedents of the petitioner, this Court is not inclined to grant

                    bail to the petitioner.

                                 7. Accordingly, this application is dismissed.

                                 8. The Principal District and Sessions Judge,

                    Begusarai is directed to see to it that the case is committed to

                    the Court of Sessions.

                                 9. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Begusarai through FAX

                    for its compliance.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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