Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail could not be granted at this stage and rejected the petitioners' application.
Summary
The petitioners, Nitish Kumar and Prakash Seth, applied for regular bail under section 309(4) of the Bharatiya Nyaya Sanhita, 2023, in connection with a theft case (Kochas PS Case No. 179 of 2025). The prosecution alleged that the petitioners, along with two others, looted an informant and were later apprehended three days after the incident. The petitioners contended that they were falsely implicated, highlighted the three‑day delay in filing the FIR, and noted the absence of any incriminating material recovered from them, asserting they have no prior criminal record. The State opposed the bail, emphasizing the seriousness of the allegations and the identification of the petitioners by the informant. After hearing both sides, the Court declined to grant bail, citing the allegations in the FIR, and ordered that the petitioners may renew their bail application after six months or upon framing of charge, whichever is later.
Issues considered
- Whether regular bail should be granted to the petitioners under section 309(4) of the Bharatiya Nyaya Sanhita, 2023 in view of the allegations and the delay in FIR filing.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- section 309(4)
- theft
- delay in FIR
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76131 of 2025
Arising Out of PS. Case No.-179 Year-2025 Thana- KOCHAS District- Rohtas
======================================================
1. Nitish Kumar son of Late Gulab Mahto @ Late Gulab Ram @ Late Gulab
Rain Resident of Village- Dighita, Ps- Parsathua, Dist- Rohtas
2. Prakash Seth Son of Late Bimla Kumar Seth @ Late Bimala Kumar Seth
Resident of Village- Rupibandh, Ps- Parsathua, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikalp, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Kochas P.S. Case no.
179 of 2025 registered under section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that three accused persons on the point of country made pistol
looted the informant of various articles as described in the FIR.
It is further stated that three days later on 18.7.2025 when they
were planning to commit another theft, information was given
by the informant to the police and the three accused including
Patna High Court CR. MISC. No.76131 of 2025(3) dt.21-01-2026
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the two petitioners herein were caught.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. There is no
reasonable explanation for the delay of three days in lodging of the
FIR. No incriminating article has been recovered from the
petitioners’ possession who are in custody since 19.7.2025. The
petitioners have no criminal antecedent and chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR wherein they were identified by the informant as
having given effect to the occurrence against the informant three
days ago, the Court is not inclined to enlarge the petitioners on bail
and the application is rejected.
7. Liberty is granted to the petitioners to renew their
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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