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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nitish Kumar, sought regular bail in a murder case (IPC sections 302/34) arising from the death of a man whose son allegedly disappeared and was later found dead. The prosecution alleged that the petitioner, along with others, had taken the deceased away, leading to his death, and noted a ligature mark on the corpse, though no direct allegation was made against the petitioner. The petitioner contended his innocence, lack of criminal antecedents, and pointed to similar bail orders granted to co‑accused in earlier cases. The State opposed bail, emphasizing the seriousness of the offence. After considering the facts, the court found insufficient direct evidence against the petitioner and, noting the precedent of earlier bail grants, ordered his release on bail upon furnishing a bond with sureties. The bail was set at Rs.10,000 with two sureties of the same amount, subject to satisfaction of the Chief Judicial Magistrate, Lakhisarai.

Issues considered

  • Whether regular bail can be granted to an accused in a murder case under IPC sections 302 and 34 despite the seriousness of the offence.
  • Whether the absence of a direct allegation against the petitioner and lack of prior criminal record justify bail.
  • Whether precedent bail orders in similar cases should influence the decision.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 302
  • IPC 34
  • criminal procedure
  • presumption of innocence
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88925 of 2025
                   Arising Out of PS. Case No.-265 Year-2023 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Nitish Kumar S/O Hareram Yadav R/O Village - Belauri, P.S- Lakhisari,
                 Distt.- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parmanand Pd. Nr. Sahi, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-01-2026                    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 sections 302/34 of

                   the Indian Penal Code.

                                3.    The case of the prosecution, in short, is that the

                   petitioner along with others allegedly took away the son of the

                   informant. At about 10:00 P.M. when the deceased was called

                   by his mother, he stated that he would return within 10 minutes.

                   After 11:00 P.M. when the son of the informant did not return,

                   all the family members went to sleep. It is alleged that at about

                   1:00 P.M.,        the mother of the deceased woke up and started

                   searching for him, whereupon she found the deceased sitting on

                   the ground. When she enquired about what had happened, the
Patna High Court CR. MISC. No.88925 of 2025(2) dt.08-01-2026
                                            2/3




          deceased did not disclose anything and after some time he fell

          down and died

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          though there is an allegation that the petitioner along with others

          had gone with the deceased but the deceased ultimately died at

          his own home. It is further submitted that similarly situated co-

          accused persons have been granted bail vide order dated

          20.02.2024 passed in Cr. Misc. No. 62146 of 2023 and its

          analogous case as also order dated 29.02.2024 passed in Cr.

          Misc. No. 76386 of 2023.                   Moreover, the petitioner is

          languishing in judicial custody since 25.10.2025 having no

          criminal antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail, submitting that,

          a ligature mark was found on the neck of the deceased.

          However, it is submitted that there is no direct allegation against

          the present petitioner.

                       6. Considering the aforesaid 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
            Patna High Court CR. MISC. No.88925 of 2025(2) dt.08-01-2026
                                                        3/3




                      bail in connection with Lakhisarai P.S. Case No. 265 of 2023 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Lakhisarai.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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