Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court upheld the earlier order and dismissed the petitioner's regular bail application.
Summary
The petitioner, Nitish Kumar, applied for regular bail in a case registered under Section 309(4) of the BNS for a daylight robbery of a CSP centre. The prosecution alleged that the petitioner was linked to the crime through a self‑incriminatory statement of a co‑accused and the recovery of a motorcycle used in the robbery from his house. The petitioner had previously been denied bail and was in custody since January 2025, also facing four other serious cases. He later produced a surrender notice dated 17‑02‑2026, arguing that charges had been framed and trial commenced. The court examined the surrender, the seriousness of the offence, and the earlier order, and found no ground to revisit its prior decision, thereby rejecting the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the BNS despite the seriousness of the offence and prior denial of bail
- Whether the surrender notice and the fact that trial has commenced warrant a review of the earlier bail denial
Legislation cited
- BNS — s. 309(4)
Subjects
- regular bail
- Section 309(4) BNS
- criminal procedure
- surrender
- serious offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82842 of 2025
Arising Out of PS. Case No.-284 Year-2024 Thana- BHAPTIAHI District- Supaul
======================================================
Nitish Kumar Son of Vilekshan Mandal @ Bilekshan Mandal Resident of
Village - Jhajha, Ward No. - 7, P.S. - Bhaptiyahi, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 18-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks regular bail in connection with Bhaptiyahi P.S.
Case No. 284 of 2024 registered for the offence under Sections
309(4) of the BNS.
3. Earlier the bail application of the petitioner was
rejected on 01.05.2025 in Cr. Misc. No. 25069 of 2025 which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State Shri
Jharkhandi Upadhyay.
2. The petitioner seeks regular bail in
connection with Bhaptiyahi P.S. Case No. 284 of
2024 registered for the offence under Sections
309(4) of the BNS.
3. As per the prosecution case, four
Patna High Court CR. MISC. No.82842 of 2025(3) dt.18-02-2026
2/3
unknown criminals are said to have looted Rs.
79,200/- from a CSP center in broad day light
threatening the informant and others with
weapon.
4. The informant of this case has said
that the criminals have come on two
motorcycles and one of the motorcycle was of
Hero Motocorp Company made.
5. The name of the petitioner has
come in the self inculpatory statement of one co-
accused namely Ram Kumarand the motorcycle,
which was Hero Motocorp Company made has
been recovered from the back side of the
petitioner’s house.
6. The petitioner is accused in four
more cases of similar and serious nature and he
is in custody since 27.01.2025.
7. Considering the fact that the
petitioner is involved in broad day light loot of
CSP Center, the antecedent of the petitioner and
also considering the fact that the motorcycle
used in the loot (as mentioned above) has been
recovered from the petitioner’s house, this Court
is not inclined to grant bail to the petitioner.
8. Accordingly, this application is
dismissed.
4. The learned counsel for the petitioner has produced
a photocopy of an information application dated 17.02.2026,
from which it appears that the petitioner has surrendered. The
same is taken on record.
5. The learned counsel for the petitioner submits that
the charges have been framed in the case and the trial has
started.
6. Considering the aforesaid, this Court finds no
Patna High Court CR. MISC. No.82842 of 2025(3) dt.18-02-2026
3/3
ground to review its earlier order. Accordingly, this application
for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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