Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner participated in the murder, the offences are grave, and the trial had already begun.
Summary
Nitish Kumar was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for a murder that occurred in Madhuban. The petitioner sought regular bail, arguing that no witness had yet been examined. The court noted that the petitioner had given a self‑incriminating statement, was seen fleeing the crime scene by independent witnesses, and had been in custody since March 2024. Considering the gravity of the offence, the petitioner’s participation in the killing, and that the trial had already commenced, the court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused in a murder case where the accused has given a self‑incriminating statement and is alleged to have participated in the killing
- Whether the fact that no witness has been examined yet warrants the grant of bail
- Whether the commencement of trial and seriousness of the offences preclude the grant of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- gravity of offence
- self‑incriminating statement
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86373 of 2025
Arising Out of PS. Case No.-399 Year-2023 Thana- MADHUBAN District- East Champaran
======================================================
Nitish Kumar @ Nitesh Kumar S/o Gauri Shani @ Gauri Shahani Resident of
village - Bada Hardiya, P.S - Madhuban, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 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 bail in connection with Madhuban P.S. Case
No. 399 of 2023 registered for the offence punishable under
Section 302/34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 07.08.2024 in Cr. Misc. No. 52220 of 2024, which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Madhuban P.S. Case No. 399 of
2023 registered for the offence punishable under
Sections 302/34of the Indian Penal Code and
Patna High Court CR. MISC. No.86373 of 2025(2) dt.31-01-2026
2/3
Section 27 of the Arms Act.
3. Unknown criminals killed the
deceased. It has come during investigation that the
petitioner and two other criminals had planned to
killed the deceased because he was in a
relationship with the local girl. In the self
inculpatory statement, the petitioner has given the
entire details as to how the crime was committed.
Independent witnesses from the village have said
that the petitioner and the two other criminals
were seen running away from the place of
occurrence where the deceased was killed. The
petitioner is in jail since 13.03.2024.
4. Learned APP appearing for the State
opposes the prayer for regular bail of the
petitioner.
5. Considering the fact that the
petitioner is said to have participated in the killing
of the deceased, I am not inclined to grant bail to
the petitioner.
6. Accordingly, the application stands
dismissed.
4. Learned counsel for the petitioner submits that
though the charges have been framed, but no witness has been
examined and therefore, the petitioner may be granted bail.
5. Considering the gravity of offence and the fact
that trial has started, I am not inclined to grant bail to the
petitioner.
Patna High Court CR. MISC. No.86373 of 2025(2) dt.31-01-2026
3/3
6. Accordingly, this application for regular bail
stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.