Patna High Court

Nitish Kumar @ MantriversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with conditions of weekly attendance and a bail bond.

Summary

The petitioner, Nitish Kumar, sought regular bail in a case registered under Section 392 of the IPC for an alleged armed intrusion into a bank where the accused allegedly seized an informant's mobile. The FIR named unknown miscreants, but during investigation Rajesh Sahni was apprehended and, in his confessional statement, implicated the petitioner, although no material was recovered from him. The petitioner highlighted that co‑accused Sudhir Sharma and Rajesh Sahni had previously been granted bail by the same court. The State opposed bail, citing the petitioner’s seven prior criminal cases. After hearing both sides, the court decided to grant bail subject to weekly attendance at Bhagwanpur Police Station and a bail bond of Rs.10,000 with two sureties. The petitioner was therefore released on bail in connection with Bakhri P.S. Case No. 07 of 2021.

Issues considered

Whether the petitioner is entitled to regular bail in a case punishable under Section 392 IPC despite the confessional statement implicating him and his criminal antecedents

Legislation cited

Indian Penal Code — s. 392

Subjects

bail
robbery
Section 392 IPC
criminal antecedent
confessional statement
regular bail
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8215 of 2026
                       Arising Out of PS. Case No.-7 Year-2021 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Nitish Kumar @ Mantri S/o Ram Bilash Mahto R/o vill- Augan, Ps-
                 Bhagwanpur, Dist- Begusarai
                                                                   ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 392 of the

                   IPC.

                                3. The case of the prosecution, in short, is that four

                   unknown persons entered in the bank being armed with

                   weapons. It is alleged that they were not successful in their

                   attempt but they took away the mobile of the informant.

                                4. Learned counsel for the petitioner has submitted

                   that the FIR was lodged against unknown miscreants. During

                   course of investigation one Rajesh Sahni was apprehended and

                   he has given his confessional statement and name of this

                   petitioner has surfaced in the confessional statement of Rajesh

                   Sahni. Learned counsel for the petitioner has further submitted
            Patna High Court CR. MISC. No.8215 of 2026(2) dt.06-02-2026
                                                        2/2




                      that nothing has been recovered from the possession of this

                      petitioner. It has further been submitted that similarly situated

                      co-accused Sudhir Sharma and Rajesh Sahni have been granted

                      bail by this Court vide Cr. Misc. Nos. 76387 of 2025 and 80770

                      of 2025 respectively.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the prayer of bail to the petitioner and

                      has submitted that the petitioner is having criminal antecedent

                      of seven cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall mark his weekly attendance in Bhagwanpur

                      P.S. and shall co-operate in the trial. The above named petitioner

                      is directed to be released on bail in connection with Bakhri P.S.

                      Case No. 07 of 2021 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, Begusarai.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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