Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in view of the charge being framed and the seriousness of the offences, there was no ground to grant regular bail or to revisit the earlier order.
Summary
The petitioner, Nitish Kumar, applied for regular bail in a case involving multiple offences under the Bihar Narcotic Substances Act, 2023 and the Information Technology Act, alleging cyber fraud. His earlier bail application had been rejected on 27-08-2025, with the court noting the seriousness of the alleged fraud. The petitioner argued that the charges had already been framed, seeking a review of the earlier decision. The court examined whether any new ground existed to revisit the prior order and considered the gravity of the offences and the stage of the trial. Finding no new basis for review and emphasizing the seriousness of the crimes, the court dismissed the bail application. The Superintendent of Police was directed to ensure witness attendance in the ongoing trial.
Issues considered
- Whether the petitioner is entitled to regular bail after the charges have been framed and given the seriousness of the alleged cyber fraud offences
- Whether the earlier order rejecting bail can be reviewed on any new ground
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 319(2), 336(3), 338, 339, 340(2), 341(1), 342(1), 3(5), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- regular bail
- cyber fraud
- charge framed
- gravity of offence
- trial proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90828 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Nitish Kumar S/o Bhola Chaudhary Resident of vill- Maira, P.S- Katrisarai,
Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Udbhav
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Giriyak (Katrisarai) P.S.
Case No. 164 of 2025. Earlier the bail application of the
petitioner was rejected vide order dated 27.08.2025 passed in
Cr. Misc. No. 57240 of 2025 which reads as under:-
“Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Giriyak (Katrisarai) P.S. Case No.164 of
2025 registered for the offence punishable under
sections 318(4), 319(2), 336(3), 338, 339, 340(2),
341(1), 342(1), 61(2) and 3(5) of the B.N.S., 2023 and
under sections 66(C) and 66(D) of the I.T. Act.
3. The petitioner and other accused persons
were arrested with mobile phones, money, documents
etc. They were involved in cyber fraud. The petitioner
is in custody since 29.04.2025.
Patna High Court CR. MISC. No.90828 of 2025(2) dt.12-02-2026
2/2
4. Considering the fact that the petitioner is
involved in cyber fraud, I am not inclined to grant him
privilege of regular bail. Accordingly, this bail
application is rejected. ”
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charge has already been
framed in this case.
4. In view of the fact that the trial is progressing and
the considering the gravity of the offence, this Court finds no
new ground to review its earlier order.
5. Accordingly, this application is dismissed.
6. The Superintendent of Police, Nalanda is directed
to ensure the attendance of the witnesses in the trial.
7. Let a copy of this order be communicated to the
Superintendent of Police, Nalanda through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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