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Patna High Court

Nitish Kumar @ Nitesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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