Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
Nitish Kumar was arrested in connection with the murder of his wife, alleged to have been poisoned, under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail after being in custody since 14 June 2025, claiming innocence. The State opposed the bail, emphasizing the seriousness and gravity of the allegations. The Court examined the seriousness of the offence and the prosecution’s stance. Concluding that the allegations were grave, the Court declined to grant regular bail and rejected the petitioner's application.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the allegations.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- criminal law
- murder
- poisoning
- Section 103
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69209 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- BELHAR District- Banka
======================================================
Nitish Kumar S/o Sahadeo Yadav R/o Village- Khutahari, P.S.- Belhar,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 24-03-2026 Seen the office notes.
2. Heard the learned counsel for the petitioner and
learned APP for the State.
3. The petitioner seeks regular bail in connection with
Belhar P.S. Case No. 169 of 2025 registered for the offence
under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution case, the petitioner is the
husband of the deceased. He is said to have killed the deceased
by poising her.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.06.2025.
6. The learned counsel for the State vehemently
opposes the bail application and submits that the allegations
Patna High Court CR. MISC. No.69209 of 2025(9) dt.24-03-2026
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against the petitioner are serious and grave in nature.
7. Considering the seriousness of the allegations
levelled against the petitioner, this Court is not inclined to grant
regular bail to the petitioner.
8. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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