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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.80254 of 2025(2) dt.09-02-2026
                                             2/3




          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
               Patna High Court CR. MISC. No.80254 of 2025(2) dt.09-02-2026
                                                           3/3




                                                         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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