Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was denied.

Summary

The petitioner, Nitish Kumar, was charged in Rajauli police case No. 175/2025 for offences under Sections 303(2) and 317(5) of the Bihar Negotiable Substances Act, alleged to be part of a gang involved in a motorcycle theft. He applied for pre‑arrest bail. The court noted that a co‑accused had identified him as a participant and that he has four prior criminal convictions. Considering the seriousness of the allegations and his criminal antecedents, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner given the nature of the allegations and his prior criminal record

Subjects

pre‑arrest bail
criminal antecedents
gang involvement
motorcycle theft
Section 303
Section 317
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86408 of 2025

                       Arising Out of PS. Case No.-175 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Nitish Kumar S/O Bhola Ravidas R/O Village- Jogini, P.S- Rajauli, Distt.-
                 Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                                  ORAL ORDER


2   16-01-2026                      Heard Mr. Pramod Kumar Verma, learned counsel

                   appearing on behalf of the petitioner and Mr. Anuj Kumar

                   Shrivastava, learned APP for the State.

                                  2. The petitioner seeks pre-arrest bail in connection

                   with Rajauli P.S. Case No. 175/2025 registered for the

                   offence(s) punishable under Sections 303(2), 317(5) of the BNS.

                                 3. Considering the nature of allegation made against

                   the petitioner, being one of the members of the gang and co-

                   accused has disclosed the name of the petitioner regarding his

                   complicity in the alleged theft of motorcycle, as well as, the

                   fact that the petitioner is having four criminal antecedents,                     I
           Patna High Court CR. MISC. No.86408 of 2025(2) dt.16-01-2026
                                                       2/2




                     am not inclined to grant pre-arrest bail to the petitioner.

                     Accordingly, the present bail application stands dismissed.



                                               (Purnendu Singh, J)
Sanjay/-

U      T

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