Patna High Court

Nitish Kumar @ Boss @ LedhaversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner despite the confessional statement and prior cases.

Summary

The petitioner, Nitish Kumar, was charged under Section 304(2) of the Indian Penal Code for a homicide alleged to have occurred when three unknown assailants robbed his wife of jewelry. The prosecution’s case was based largely on a confessional statement made by the petitioner in a related case, with no physical evidence recovered from him. The petitioner argued innocence, noting that the FIR named unknown miscreants and that he had no material seized against him, though he has five prior criminal cases and has been in custody since August 2025. The State opposed regular bail, citing the confessional statement and his criminal antecedents. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence at trial, and weekly police station attendance.

Issues considered

Whether a confessional statement and prior criminal antecedents justify denial of regular bail under Section 304(2) IPC
Whether the petitioner is entitled to bail in the absence of material evidence against him

Legislation cited

Indian Penal Code — s. 304(2)

Subjects

regular bail
confessional statement
criminal antecedent
Section 304(2) IPC
high court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8501 of 2026
                         Arising Out of PS. Case No.-314 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Nitish Kumar @ Boss @ Ledha S/O Ramashankar Rai @ Ramashankar Ray
                 Resident Of Village- Rustampur, P.s.- Raghopur, Dist.- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sadanand Prasad Deo, Advocate
                 For the Opposite Party/s :        Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 304(2) of

                   B.N.S.

                                3. The case of the prosecution is that while the

                   informant was going with his wife on a bike, three unknown

                   miscreants on a bike arrived there and one of the boys who was

                   not wearing helmet, snatched mangalsutra and dholna of the

                   informant’s wife.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants. During course of investigation, the
Patna High Court CR. MISC. No.8501 of 2026(2) dt.17-02-2026
                                            2/3




          petitioner was remanded in this case from Bypass P.S. Case No.

          338 of 2025 wherein he has given his confessional statement.

          Save and except his confessional statement, there is nothing

          against him. Nothing has been recovered from his possession. No

          TIP has been conducted. He has been impleaded in this case due

          to his criminal antecedent. He is having criminal antecedent of

          five cases. Moreover, he is languishing in judicial custody since

          11.08.2025.

                       5. Learned APP appearing for the State has vehemently

          opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Bypass P.S. Case No. 314 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate 1 st Class,

          Patna City.

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every

          fixed date.

                       (ii) As most of the cases of the petitioner are from

          Bypass Police Station, so, he is also directed to mark weekly
            Patna High Court CR. MISC. No.8501 of 2026(2) dt.17-02-2026
                                                        3/3




                      attendance at Bypass P.S.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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