Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
The petitioner, Nitish Kumar, was arrested on 16 February 2025 in connection with a murder case (Sessions Trial No. 576 of 2025) under Sections 103 and 238 of the BNS, 2023. The FIR, filed by the victim's wife, alleged that the petitioner killed her husband and concealed the body, but the informant was not an eye‑witness and no material evidence beyond suspicion was presented during investigation. The petitioner’s counsel highlighted his clean antecedent and the lack of substantive proof, while the State opposed bail, relying solely on the suspicion recorded in the FIR. The Court examined the principles of bail, noting that mere suspicion without corroborative evidence does not justify continued detention. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the alleged offence and the absence of material evidence beyond suspicion.
Legislation cited
- BNS, 2023 — s. 103, 238
Subjects
- bail
- murder
- suspicion
- clean antecedent
- Criminal Procedure Code
- Section 103 BNS 2023
- Section 238 BNS 2023
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82959 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Nitish Kumar S/O Dinesh Choudhary Resident of village- Lahari Uday Nagar,
P.S.- Srinagar District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr.Amal Kumar Sinha, learned counsel for
the petitioner and Mr.Raj Kishor Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.02.2025 in connection with Sessions Trial No. 576 of 2025
arising out of Sadar P.S. Case No. 90 of 2025, F.I.R. dated
15.02.2025 registered for the offence punishable under Sections
103, 238 of BNS,2023 but the cognizance has been taken under
Sections 103(1) and 238(a) of BNS, 2023.
3. As per FIR, the informant alleged that her husband
has been killed by use of rod and bricks and she has firm belief
that the petitioner has killed her husband and hidden the dead
body in bush.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.82959 of 2025(4) dt.31-01-2026
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submits that the petitioner has clean antecedent. It appears from
the FIR that the informant has raised suspicion against the
petitioner in the FIR and except the suspicion no other material
has come during investigation against the petitioner to suggest
the involvement of the petitioner in the present occurrence. The
informant is not the eye witness of the alleged occurrence. The
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 16.02.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner is named accused in the FIR but fairly submits that
except the suspicion no other material has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence.
6. Considering the aforesaid facts, petitioner has clean
antecedent and nothing has come during investigation against
the petitioner to suggest the involvement of the petitioner in the
present occurrence, 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
learned Additional Sessions Judge-IV, Purnea in connection
with Sessions Trial No. 576 of 2025 arising out of Sadar P.S.
Patna High Court CR. MISC. No.82959 of 2025(4) dt.31-01-2026
3/3
Case No. 90 of 2025, with the following 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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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