Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a theft of a pistol, a motorcycle and a laptop, for which an FIR was lodged against unknown persons under Section 309(4) of the Bihar Narcotic Substances Act. The petitioner contended that he had no involvement in the alleged offence, that no incriminating article was recovered from him, and that he possessed no criminal antecedent despite a clerical entry in the case diary. The State opposed bail, arguing that the petitioner had recovered the motorcycle and therefore posed a risk of tampering with evidence. The court examined the material on record, noting that a charge sheet had already been filed, there was no likelihood of evidence tampering, and the petitioner had no proven prior convictions. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding surety, cooperation with trial, non‑tampering, and an undertaking of clean antecedent. The petition was disposed in favour of the petitioner.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Narcotic Substances Act considering the nature of the offence and alleged involvement.
- Whether the petitioner’s alleged prior criminal antecedent, as recorded in the case diary, disqualifies him from bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- Section 309(4)
- Bihar Narcotic Substances Act
- criminal antecedent
- charge sheet
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87596 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Nitish Kumar Son of Vishwanath Ray Resident of Village - Ajana, P.S.-
Kalyanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Om, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Kalyanpur P.S. Case No. 58 of 2025 registered for the offences
punishable under Section 309(4) of the BNS.
3. As per prosecution case, at the point of pistol,
informant’s motorcycle and his bag containing Laptop were
snatched by unknown miscreants and FIR was lodged against
three unknown persons.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR. During the course of investigation, the name
of the petitioner has been transpired in this case, as mentioned in
impugned order. Petitioner is in custody since 03.09.2025 and
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charge sheet has been submitted in the case and there is no
likelihood of tampering with the prosecution evidence. No
incriminating article has been recovered from the possession of
the petitioner. He further submits through para 3 of the instant
petition that in para 142 of case diary, it has been mentioned that
petitioner bears one criminal antecedent i.e. Samastipur (Town)
P.S. Case No. 177 of 2025, as mentioned in impugned order, but
he has clarified in para 3 of the instant petition that, indeed,
petitioner has clean antecedent because of the fact that
Samastipur (Town) P.S. Case No. 177 of 2025 is registered
against unknown and nowhere and in no way at any stage the
name of the petitioner has transpired in the said case. In this
way, learned counsel for the petitioner has specifically
submitted that petitioner bears no criminal antecedent, though
impugned order denotes the criminal antecedent by mentioning
para 142 of the case diary.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner by submitting that impugned
order clearly reveals that at the instance of petitioner, the alleged
motorcycle was recovered. Hence, petitioner does not deserve
bail.
6. Considering the facts and circumstances of the
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case, period of custody, petitioner’s counsel has specifically
asserted that petitioner bears no criminal antecedent, charge
sheet has been submitted in the case and there is no likelihood
of tampering with the prosecution evidence, argument advanced
on behalf of both sides and also taking into consideration the
material available on record, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Samastipur in connection with
Kalyanpur P.S. Case No. 58 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
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nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(v) Petitioner shall submit an undertaking before
the learned trial court that he bears no criminal antecedents and
if the said undertaking is found incorrect by the learned trial
court, his bail bond shall not be accepted.
(Alok Kumar Pandey, J)
alok/-
U T
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