Patna High Court

Nithish Kumar @ Nitish Kumar ManjhiversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nithish Kumar, was arrested in connection with the murder of an unidentified woman, charged under sections 103(1) and 238 of the B.N.S. The deceased's husband identified the petitioner and the petitioner gave a confessional statement, though no other material evidence was recovered. The petitioner’s counsel argued that he had no motive, was unrelated to the victim, and that the only incriminating piece was his own statement, while the State highlighted a prior criminal case against him. After hearing both sides, the court considered the lack of substantive evidence and the petitioner’s prolonged custody since August 2025. The court granted regular bail on the condition of a Rs.10,000 bond with two sureties, directing release pending further trial.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with murder and having given a confessional statement
Whether the existence of a prior criminal antecedent justifies denial of bail

Legislation cited

B.N.S. — s. 103(1), 238

Subjects

regular bail
murder
confessional statement
criminal antecedent
sections 103(1) and 238
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89435 of 2025
                        Arising Out of PS. Case No.-142 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Nithish Kumar @ Nitish Kumar Manjhi Son of Chandradev Manjhi Resident
                 of Village - Manpurshawli, P.S.- Isuapur, District - Saran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Shweta Anand, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                     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 103(1) and

                   238 of B.N.S.

                                3. The case of the prosecution is that the local

                   chowkidar Jagal Rai found a dead body of an unknown woman

                   lying on the main road near the new temple at Isuapur Bazar.

                   The FIR was lodged against unknown persons. During

                   investigation, the husband of the deceased has disclosed the

                   name of this petitioner. Afterwards, this petitioner has also given

                   his confessional statement.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.89435 of 2025(2) dt.12-01-2026
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          counsel for the petitioner has submitted that the deceased was

          living with her husband and step-son and there was illicit

          relation between the deceased and her step-son which was being

          seen by the husband of the deceased. Learned counsel for the

          petitioner has submitted that petitioner is resident of another

          panchayat and he is having no relation either with the deceased

          or with her husband, so, there is no motive to commit the

          offence. It has also been submitted that save and except

          confessional statement of the petitioner, there is nothing against

          him. Nothing has been recovered from his possession.

          Moreover, he is languishing in judicial custody since

          05.08.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having criminal antecedent of one

          case.

                       6. Having heard learned counsel for the parties and

          considering the 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 bail in connection with

          Isuapur P.S. Case No. 142 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.89435 of 2025(2) dt.12-01-2026
                                                        3/3




                      each to the satisfaction of learned J.M.F.C., Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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