Patna High Court

Illahllah @ Nitish Kumar @ Nitish SinnghversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Illahllah, feared arrest in a murder and arms possession case where the FIR did not name him. The prosecution alleged that the son of an informant was shot dead on 11 July 2025, and a confessional statement by Saheb Singh implicated other individuals but not the petitioner. A co‑accused, Sanjay Kumar, however, named the petitioner, prompting the petitioner to seek anticipatory bail. The court noted the general nature of the accusations, the lack of the petitioner's name in the confessional statement, and his clean antecedents. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite being named by a co‑accused in the investigation
Whether the clean antecedents and lack of direct incriminating material against the petitioner justify bail

Legislation cited

Arms Act — s. 25(1-B)a, 26, 27, 35
B.N.S. — s. 103(1), 61(2)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
murder
arms act
confessional statement
clean antecedents
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77261 of 2025
                      Arising Out of PS. Case No.-210 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Illahllah @ Nitish Kumar @ Nitish Sinngh Son of Jagdev Singh @ Jay Dev
                 Singh Resident of Village -Kurban, Ward No - 05, Police Station - Beldaur,
                 District - Khagaria.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Shashank Shekhar, Advocate
                 For the State           :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   15-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 103(1) and

                   61(2) of the B.N.S. and Section 27 of the Arms Act and later on,

                   Sections 25(1-B)a, 26 and 35 of the Arms Act were added.

                                3. As per prosecution case, on 11.07.2025, son of

                   informant, who had recently returned from Delhi, was shot dead

                   by some unknown persons and the dead body was found in a

                   forest. The mobile phone of the deceased was also found

                   missing.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..

                   During course of investigation, one Saheb Singh was
Patna High Court CR. MISC. No.77261 of 2025(5) dt.15-01-2026
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          apprehended who, in this confessional statement, admitted that

          he killed the son of informant in retaliation to an incident of

          misbehavior with his daughter at a marriage ceremony. He

          further disclosed that he, in a planned conspiracy with his son,

          namely Kundan Kumar and one Sajan Kumar, instructed one

          Raushan Kumar, who shot the deceased. Name of petitioner

          does not figure at all in the said confessional statement. Co-

          accused Sanjay Kumar named this petitioner. Petitioner claims

          clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials that

          have surfaced during course of investigation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged 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 Chief Judicial Magistrate,
             Patna High Court CR. MISC. No.77261 of 2025(5) dt.15-01-2026
                                                         3/3




                       Khagaria in connection with Beldaur P.S. Case No. 210 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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