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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted as the petitioner was arrested from the spot together with the victim.

Summary

Nitish Kumar applied for regular bail in a kidnapping case (Sarmera P.S. Case No. 232/2025) where he was charged under Sections 140(2) and 3(5) of the B.N.S. The prosecution alleged that the victim was kidnapped and that the petitioner was arrested at the spot along with the victim. The petitioner claimed false implication, no prior criminal record, and offered to cooperate with the trial. The State opposed bail, emphasizing the circumstances of the arrest. The Court, noting that the petitioner was seized at the scene together with the victim, declined to grant bail and dismissed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail in a kidnapping case where he was arrested at the spot with the victim.

Legislation cited

Subjects

  • bail
  • kidnapping
  • regular bail
  • arrest at scene
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89919 of 2025
                      Arising Out of PS. Case No.-232 Year-2025 Thana- SARMERA District- Nalanda
                 ======================================================
                 Nitish Kumar S/o Mahendra Saw Resident of Barbigha Samachak, P.S.-
                 Barbigha, Distict- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Sarmera P.S. Case No. 232/2025 registered for the offences

                   punishable under Sections 140(2), 3(5) of B.N.S.

                                3. As per the prosecution case, the victim was

                   kidnapped by the named accused persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case.                    Learned

                   counsel further submits that he has no criminal antecedents and

                   he is in custody since 09.10.2025. The petitioner undertakes to

                   co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer

                   for regular bail of the petitioner on the ground that during
              Patna High Court CR. MISC. No.89919 of 2025(4) dt.06-04-2026
                                                          2/2




                        investigation, the victim was recovered by the police from

                        Naoadih Bandh and the petitioner and one Ranjit Manjhi were

                        arrested from the spot.

                                     6. Considering the fact that the petitioner was arrested

                        from the spot along with the victim, this Court is not inclined to

                        grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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