Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail, subject to conditions prescribed under Section 437(3) of the CrPC.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a case involving alleged firing and planting a live bomb, charged under multiple sections of the IPC, the Arms Act and the Explosive Substances Act. He had been in custody since 21 October 2022 and argued that his inclusion in the FIR was based on hearsay from unknown villagers and amounted to false implication, noting his involvement in numerous other criminal cases. The prosecution opposed bail, emphasizing the seriousness of the offences. The court observed that the charge‑sheet had already been filed and that the allegations against the petitioner were not specific, relying largely on hearsay. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 437(3) of the CrPC, including non‑involvement in further crimes and mandatory presence at trial.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences and the existence of a charge‑sheet.
- Whether the allegations based on hearsay and alleged false implication justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 437(3)
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120, 307, 34, 341, 504, 506
Subjects
- bail
- false implication
- hearsay
- IPC offences
- Arms Act
- Explosive Substances Act
- charge sheet
- CrPC Section 437
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80254 of 2025
Arising Out of PS. Case No.-184 Year-2021 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Nitish Kumar S/o- Gopal Singh R/v- Pahsara Ps- Nawkothi Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The accused/petitioner seeks bail in connection
with Nowkothi P.S. Case No.184 of 2021 registered for the
offences punishable under Sections 341, 504, 506, 307, 120 read
with 34 of the Indian Penal Code, Section 27 of the Arms Act as
well as Sections 3 and 4 of the Explosive Substances Act.
3. The accused/petitioner is named in the FIR and is
in custody since 21.10.2022.
4. Allegation against the petitioner is to open fire and
also to plant a live bomb in front of the house of the informant
along with other co-accused persons out of previous enmity.
5. It is submitted by learned counsel that the
narration of FIR is sufficient to suggest false implication as
petitioner named with present case on the basis of input provided
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by unknown co-villagers. It is also submitted that the reason of
false implication is also suspicion arises from criminal antecedents
of this petitioner, as he found involved in 15 more criminal cases.
It is further submitted that there is no specific allegation raised
against this petitioner. While concluding argument, it is submitted
that investigation of this case has been completed, for which,
charge-sheet has been submitted and, as such, there is no chance
of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of above-mentioned facts and
circumstances, as entire implication is raised on the basis of
hearsay input of unknown villagers, coupled with the fact that
charge-sheet has already submitted, where petitioner is in custody
since 21.10.2022, accordingly, the petitioner, above-named, is
directed to be released on bail furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned District and Additional Sessions
Judge-II, Begusarai in connection with Nowkothi P.S. Case
No.184 of 2021, subject to the conditions as laid down under
Section 437(3) of the CrPC and with further conditions:-
(i) That petitioner shall not involve in any
nature of criminal case till the conclusion
of trial, failing which the State shall be at
liberty to move before the Trial Court itself
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for the cancellation of bail bond of the
petitioner.
(ii) That petitioner shall co-operate in the
trial and shall be physically present on
each and every date before the Trial Court
till conclusion of the trial and exemption
from physical appearance be allowed by
the Trial Court only on medical ground of
the petitioner duly supported by the
documents.
(iii) That one of the bailors shall be
deponent of the present bail petition.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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