Patna High Court
Nitish Kumar @ Nitish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to both petitioners, finding insufficient evidence of assault and considering their youthful age.
Summary
The High Court heard bail applications of Nitish Kumar Yadav and Deepak Yadav, both accused under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act for the alleged assault and death of a detainee in a remand home. The FIR was based on a letter (No. 418) that made no mention of any assault, while a later letter (No. 421) introduced the allegation of assault. The petitioners argued that the witness statements in the case diary also did not record any assault by them. The State opposed bail, citing the petitioners' prior criminal antecedents, though these were largely juvenile and resulted in bail previously. The Court, noting the absence of concrete assault evidence in the FIR and statements, the petitioners' young age (about 19 years), and the lack of substantive opposition, ordered bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance. The bail was granted subject to cancellation if the petitioners miss two consecutive court dates without satisfactory reason.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act in view of the evidentiary material in the FIR and witness statements.
- Whether the petitioners' prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- assault
- death in custody
- criminal antecedents
- juvenile offender
- Bihar Narcotic Substances Act
- Sections 103(1)
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83714 of 2025
Arising Out of PS. Case No.-245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Nitish Kumar @ Nitish Kumar Yadav son of Prem Narayan Sah Resident of
Village -Dulal Patti Police Station- Fulparash (Phulparas) District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3312 of 2026Arising Out of PS. Case No.-
245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Deepak Yadav S/O Jiwach Yadav R/O Village- Godhiyari, P.S- Phulparash,
Distt.- Madhubani. .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 83714 of 2025)
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Jitendra Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 3312 of 2026)
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 As both these bail applications arise out of the same
police station case number, hence, with consent of parties, they are
being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
3. The petitioners seek bail in a case registered for the
offence punishable under Sections 103(1), 3(5) of the B.N.S.
4. As per FIR, the deceased was brutally assaulted by
the petitioner and other accused persons who died during the
Patna High Court CR. MISC. No.83714 of 2025(4) dt.23-02-2026
2/3
course of treatment.
5. Learned counsel for the petitioner has submitted that
the First Information Report is actually based upon a letter no. 418
dated 11.04.2025 forming a part of the FIR and indicating that the
deceased had developed a stomach pain for which he was taken for
treatment when he tried to escape from the police custody but was
brought back forcibly. At 6:30 p.m. on the same day, other inmates
of the remand home informed that the deceased had become
unconscious, whereafter he was taken to D.M.C.H. for treatment
where he was declared dead. This letter makes no mention about
any assault by the petitioners or others upon the deceased.
Subsequently, in letter no. 421 a story has been introduced that
upon enquiry it was found that some inmates of the remand home
including these petitioners had assaulted the deceased on account
of which he subsequently died and as many as 8 named and other
unknown persons have been taken in the First Information Report.
The witnesses who are examined in the case diary from
paragraphs- 7 to 13 also do not state anything about the assault
made upon the deceased by the petitioners and others. They are in
custody since 28.05.2025 and charge-sheet has been submitted.
6. Learned APP for the State has opposed the
application for bail on the ground that the petitioners have criminal
antecedents. In response, it has been submitted that it was during
Patna High Court CR. MISC. No.83714 of 2025(4) dt.23-02-2026
3/3
juvenality that they had some antecedents but they are mostly on
bail.
7. Taking into consideration the facts and
circumstances and also considering the initial letter no. 418
making the basis of the FIR wherein no mention of assault has
been made by the petitioners, coupled with the statement of the
witnesses during the course of examination, let the above named
petitioners, who are young boys aged about 19 years, be enlarged
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Laheriasarai P.S. Case
No. 245 of 2025, subject to the conditions that:
(I) One of the bailors will be a family member/close
relative.
(I1) The petitioners shall appear on each and every
date till conclusion of trial and if the petitioners do not appear on
two consecutive dates without any substantial and satisfactory
reason, the learned court below would be at liberty to cancel their
bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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