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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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