Created by Fuzzy Cloud

Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioners subject to stringent conditions ensuring their appearance and non‑interference with the trial.

Summary

The petitioners, Nitish Kumar and Shyam Kumar Kewat, were in judicial custody for an alleged robbery and assault under IPC Section 394, having been detained since July 3, 2024. They applied for bail, assuring the court of diligent appearance in the pending trial and promising not to engage in further criminal activity. The State opposed bail, citing their criminal antecedents of a similar nature. The court, noting the prolonged pre‑trial detention and the petitioners' undertakings, granted bail with a bond of Rs 10,000 each and multiple conditions, including family surety, regular court and police station appearances, and prohibition on tampering with evidence or committing new offences. The bail order also stipulated automatic cancellation upon breach of conditions, and the pending interim application, if any, was disposed of.

Issues considered

  • Whether bail should be granted to the accused in a case of robbery and assault under Section 394 IPC given the nature of the offence and their criminal antecedents
  • Whether the duration of pre‑trial detention justifies the grant of bail with conditions

Legislation cited

Subjects

  • bail
  • robbery
  • assault
  • IPC 394
  • judicial custody
  • conditions of bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74704 of 2025
                       Arising Out of PS. Case No.-241 Year-2023 Thana- GRIYAK District- Nalanda
                 ======================================================
           1.     Nitish Kumar Kameshwar Kewat R/o Village - Marsua, P.S. -
                  Makdumpur(Tehta), Dist. - Jehanabad.
           2.    Shyam Kumar Kameshwar Kewat R/o Village - Marsua, P.S. -
                 Makdumpur(Tehta), Dist. - Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-02-2026                  Heard the parties.

                                2. The petitioners are in judicial custody in connection

                   with Giriyak Pawapuri P.S. Case No. 241 of 2023 for the

                   offence punishable under Section 394 of the Indian Penal Code

                   lodged on 10.05.2023 by the informant, Sonu Kumar.

                                3. As per the prosecution story, the informant alleged

                   that while he was returning from Fatehpur after performing

                   programme, as his motorcycle reached, the accused persons on

                   the point of pistol, snatched gold locket as also Rs. 6,000/- from

                   his pocket. As he raised alarm, the accused resorted to firing

                   causing injury on his nose and he became unconscious. Later, he

                   found himself in Pawapuri hospital where treatment took place.
Patna High Court CR. MISC. No.74704 of 2025(4) dt.06-02-2026
                                            2/3




          This led to the F.I.R.

                       4. Learned counsel for the petitioners submit that they

          have already suffer by being in custody since 03.07.2024 and if

          granted relief, they shall be diligently appearing in trial and

          shall not indulge in any criminal activity, failing which,

          appropriate steps can be taken for cancellation of the bail bond.

                       5. Learned APP opposes the prayer for bail submitting

          that they have criminal antecedent of the same nature.

                       6. Allegation is there, considering the fact that the trial

          has still not concluded, they are in custody since 03.07.2024 and

          further undertake to diligently appear in trial, in that

          background, this Court is inclined to extend them the privilege

          of bail with conditions.

                       7. Let the petitioners be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

          of like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Nalanda in connection with Giriyak Pawapuri P.S.

          Case No. 241 of 2023 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioners shall appear on each and every date
          Patna High Court CR. MISC. No.74704 of 2025(4) dt.06-02-2026
                                                      3/3




                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of their

                    bail bond by the Trial Court itself;

                                 (iii) the petitioners shall appear before the concerned

                    police station every fortnight for six months to mark their

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (iv) the petitioners shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioners shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of their bail bonds.

                                 8. Pending I.A., if any, stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.