Patna High Court
Nitish Kumar @ BantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to strict conditions, despite the gravity of the offences.
Summary
Nitish Kumar Banti was arrested in connection with a murder and kidnapping case (Sections 302 and 365 IPC) arising from an FIR dated 17 April 2024. He has been in custody since 21 May 2025. The petitioner claimed a clean antecedent and alleged that the FIR was fabricated, noting that the police investigation had submitted a final report in his favour. The State opposed bail, arguing the seriousness of the offences. The High Court, considering the petitioner’s clean record and the police’s final report, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to an accused of murder and kidnapping when the police investigation report favours the accused and he has a clean antecedent.
- Whether the lower court’s cognizance was mechanically taken despite the police’s final report.
Legislation cited
- Indian Penal Code — s. 302, 365
Subjects
- bail
- murder
- kidnapping
- Indian Penal Code
- criminal antecedent
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82706 of 2025
Arising Out of PS. Case No.-161 Year-2024 Thana- DIDARGANJ District- Patna
======================================================
Nitish Kumar @ Banti Son of Krishna Singh @ Bhola Singh Village-
Gulmahiya Bag PS -Didarganj Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-03-2026 Heard Mr. Jay Ram Prasad, learned counsel for the
petitioner and Mr. Shyameshwar Dayal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2025 in connection with Sessions Trial No.- 1708/2025,
(arising out of Didarganj P.S. Case No. 161 of 2024), F.I.R.
dated 17.04.2024 for the offences punishable under Sections
365/302 of the Indian Penal Code.
3. According to prosecution case, petitioner and other
co-accused person are alleged to have killed the son of the
informant by drowning him in the water.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.82706 of 2025(4) dt.10-03-2026
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F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. It appears from the FIR itself
that the petitioner has been made accused in this case merely on
the basis of suspicion and the Police after investigation
submitted final form in favour of the petitioner but the learned
court below in a mechanical manner has taken cognizance
against the petitioner vide order dated 30.01.2025 u/s 365 and
302 of the Indian Penal Code and the petitioner is in custody
since 21.05.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that the petitioner has clean antecedent
and also the fact that Police after investigation submitted final
form in favour of the petitioner and learned court below in a
mechanical manner has taken cognizance against the petitioner,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the court of learned
District & Additional Sessions Judge- 1st, Patna City, Patna, in
connection with Sessions Trial No.- 1708/2025, (arising out of
Didarganj P.S. Case No. 161 of 2024), subject to the following
Patna High Court CR. MISC. No.82706 of 2025(4) dt.10-03-2026
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conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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