Patna High Court
Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ NiteshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Nitesh Kumar, was charged in a 2020 case for offences under Sections 363, 365 and 34 of the Indian Penal Code relating to the alleged abduction and murder of an informant's son and the theft of his motorcycle. The prosecution's case relied primarily on the confessional statement of co‑accused Om Prakash, with no other material linking the petitioner to the murder, and the stolen motorcycle was later recovered abandoned. The petitioner argued that the confessional statement alone was insufficient to justify continued custody and that he had no proven involvement in the homicide. The State contended that the petitioner was part of a conspiracy to abduct and kill the victim. After considering the limited evidence, the charge sheet, and the petitioner’s custody period, the court ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS, including attendance in court and a close relative as a bailor.
Issues considered
- Whether the confessional statement of a co‑accused alone is sufficient to deny bail to the petitioner.
- Whether the petitioner can be deemed a conspirator under Section 34 of the IPC based on the available evidence.
- Whether the nature of the offences and the period of custody justify the grant of bail.
Legislation cited
- BNSS — s. 480
- Indian Penal Code — s. 34, 363, 365
Subjects
- bail
- Indian Penal Code
- Section 363
- Section 365
- Section 34
- confessional statement
- co‑accused
- criminal procedure
- BNSS
- Section 480(3)
- abduction
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90214 of 2025
Arising Out of PS. Case No.-331 Year-2020 Thana- MOTIPUR District- Muzaffarpur
======================================================
Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ Nitesh S/o Dev Lal Bhagat
@ Deolal Prasad Kushwaha Resident of Village- Barji, P.S.- Motipur,
District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Preety Kunwar, Adv.
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Motipur P.S. Case No. 331 of 2020, registered
for the offences under Sections 363 of the Indian Penal Code.
3. As per the prosecution case, the son of the
informant was abducted by unknown miscreants who also took
away his motorcycle. During investigation, the name of the
petitioner transpired for being involved in the abduction and
murder of the son of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the name of the petitioner came up in the
confessional statement of coaccused Om Prakash @ Bittu and
Patna High Court CR. MISC. No.90214 of 2025(3) dt.20-02-2026
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Anil Kumar Bhagat and except for this confessional statement,
there is no material to show the complicity of the petitioner in
the whole occurrence. Though there is allegation that the
petitioner took away the motorcycle of the son of the informant,
no recovery has been shown from this petitioner and motorcycle
was recovered in an abandoned condition on a highway. Even if
the confessional statement of coaccused Om Prakash is taken
into consideration, the only allegation against the petitioner is
that he took away the motorcycle of the son of the informant
who was shot dead by coaccused Om Prakash when the
petitioner was not even present. Learned counsel further submits
that charge sheet has been submitted under Section 363, 365 and
34 of the IPC. The petitioner is having antecedent of three cases
and he is on bail in all the three cases. Petitioner has been
remanded in this case on 27.08.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the petitioner and others in conspiracy with each
other abducted the son of the informant and killed him.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of material collected against the petitioner and further
Patna High Court CR. MISC. No.90214 of 2025(3) dt.20-02-2026
3/3
considering submission of charge sheet and period of custody of
the petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned JMFC, Court No. 08, (West)
Musaffarpur/concerned court, in connection with Motipur P.S.
Case No. 331 of 2020, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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