Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Given the serious nature of the offences and the circumstances of the case, the petitioner is not entitled to pre‑arrest bail.

Summary

The petitioner, Nitish Kumar, sought pre‑arrest bail after an FIR alleged that he participated in an assault on the son of an informant, using the butt of a pistol and a lathi, which resulted in the victim's death. The charges framed against him include sections 190, 131(2), 191(3), 127(2), 103(1) and 303(2) of the Bihar Penal Code. The petitioner argued that he feared arrest and therefore applied for bail before being taken into custody. The Court examined the seriousness of the alleged offences, the violent nature of the assault, and the resultant fatality. Considering the gravity of the accusations and the potential for interference with the investigation, the Court found no sufficient ground to grant bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in view of the serious nature of the offences alleged against him
Whether the gravity of the alleged assault and resulting death justifies denial of bail

Subjects

pre‑arrest bail
criminal procedure
assault
murder
bail denial
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.78014 of 2025
                         Arising Out of PS. Case No.-407 Year-2025 Thana- HILSA District- Nalanda
                  ======================================================
                  Nitish Kumar Son of Sri Dinesh Prasad R/o Vilage - Yarpur, P.S. - Hilsa, Dist.
                  - Nalanda(Bihar).

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Bhola Kumar , Advocate
                  For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    05-02-2026                        Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under sections 190, 131 ( 2 ), 191 (3) ,
                    127( 2 ), 127 ( 2 ), 103 (1) and 303 ( 2 ) of BNS.
                                 3 . As per F.I.R. petitioner appears to be one of the
                    assailant of the deceased and he along with other co-accused
                    persons assaulted son of informant ( deceased ) by means of
                    butt of pistol and lathi, as a result of which, son of informant
                    died.
                                 4. Considering the nature of accusation and gravity of
                    offence and other circumstances of the case , prayer for pre-
                    arrest bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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