Patna High Court
Nitesh Kumar @ Nitish Kumar @ DurlabhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the absence of substantive evidence beyond the alleged confession and the prolonged pre‑trial detention, bail should be granted subject to strict conditions.
Summary
The petitioner, Nitesh Kumar, was arrested on 24 August 2024 in connection with an FIR dated 22 August 2024 alleging murder of an informant's son under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. He contended that the FIR was fabricated, that his name was implicated solely on the basis of a self‑confessional statement, and that no other material linked him to the crime. The State opposed bail, asserting that a confession recorded in the case diary established guilt and noting that the petitioner had three other pending cases, albeit on bail. The Court examined the lack of substantive evidence beyond the alleged confession and the length of the petitioner’s custody, and consequently granted bail on a bond of Rs.10,000 with two sureties and several conditions. The order directed the petitioner to cooperate with the trial, refrain from tampering with evidence or witnesses, and allowed the lower court to cancel bail if criminal antecedents were concealed.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023.
- Whether the confession recorded in the case diary is sufficient to deny bail.
- Whether the existence of other pending criminal cases impacts the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- fabricated FIR
- confession
- pre‑trial detention
- conditions of bail
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75834 of 2025
Arising Out of PS. Case No.-155 Year-2024 Thana- SHAHKUND District- Bhagalpur
======================================================
Nitesh Kumar @ Nitish Kumar @ Durlabh Son of Late Saligram Mandal R/o
Village-Bharko, P.S-Amarpur, District-Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Heard Mr.Manoj Kumar Jha, learned counsel for
the petitioner and Mr.Bishweshwar Ram, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
24.08.2024 in connection with S.Tr.No.329/2025 corresponding
to Shahkund P.S. Case No. 155 of 2024, F.I.R. dated 22.08.2024
registered for the offence punishable under Sections 103(1),3(5)
of BNS, 2023.
3. Allegation against the petitioner is that he
committed murder to the son of the informant.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Name of the petitioner has been transpired during investigation
Patna High Court CR. MISC. No.75834 of 2025(4) dt.21-01-2026
2/3
on the basis of the self-confessional statement of the petitioner
and except the aforesaid, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence. The
informant is not the eye witness of the alleged occurrence and
merely on the basis of suspicion, name of the petitioner has been
implicated in the present case. The police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 24.08.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner has confessed his guilt in the present occurrence
which is recorded in paragraph-26 of the case diary, apart from
the aforesaid, petitioner carries three more cases other than the
present one but fairly submits that the petitioner is on bail in all
the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts as well as period of
custody, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Addl. Sessions Judge-XIX, Bhagalpur in connection with
S.Tr.No.329/2025 corresponding to Shahkund P.S. Case No. 155
Patna High Court CR. MISC. No.75834 of 2025(4) dt.21-01-2026
3/3
of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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