Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 394
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
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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
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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
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