Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Explosive Substances Act — s. ¾
- Indian Penal Code — s. 120(B), 302, 34
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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