Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail in the present case.
Summary
The petitioner, Nitish Kumar, applied for regular bail in a case registered under section 303(2) of the BNS for alleged theft of a bicycle. The prosecution alleged that unknown miscreants stole the bike, but investigation through CCTV and call data records implicated the petitioner, although no material was recovered from him. The petitioner claimed innocence, stating the FIR was against unknown persons and that he had been in judicial custody since 8 August 2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner’s release upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under section 303(2) of the BNS despite the investigation implicating him and his prior criminal antecedent.
Legislation cited
- BNS — s. 303(2)
Subjects
- regular bail
- section 303(2)
- BNS
- criminal procedure
- bail application
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8510 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Nitish Kumar Son of Suraj Kumar @ Suraj Prasad Resident of Mohalla-
Shadikpur, P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Ambastha, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, 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 303(2) of
BNS.
3. The case of the prosecution is that some unknown
miscreants have stolen the bike of the informant while he had
come for purchasing clothes.
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, from
CCTV footage and from CDR, the petitioner was implicated in
this case. Nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.8510 of 2026(2) dt.17-02-2026
2/2
petitioner. This case is triable by learned Judicial Magistrate, 1 st
Class. No TIP has been conducted till date. Moreover, the
petitioner is languishing in judicial custody since 08.08.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail and has submitted that
petitioner is having one criminal antecedent.
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
Chowk P.S. Case No. 292 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 ACJM-VI, Patna City, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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