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Patna High Court

Nitesh Kumar @ Nitin Kumar @ Nitish Kumar @ NiteshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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