Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a robbery involving a firearm under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he and accomplices stopped a vehicle, threatened the informant with a firearm, and stole cash and a motorcycle, with some of the stolen items reportedly recovered from the petitioner. The petitioner claimed innocence, argued that no incriminating material was found on him, and highlighted the absence of a test identification parade. The State opposed bail, asserting that the looted articles were recovered from the petitioner. Considering the charge sheet, the period of custody, and the lack of conclusive evidence, the court granted bail subject to conditions under Section 480(3) of the BNSS, including a cash bond and sureties.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the BNSS pending trial.
- Whether the recovery of looted items from the accused constitutes sufficient ground to deny bail.
- Whether procedural lapses such as the absence of a test identification parade affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 480(3)
Subjects
- bail
- robbery
- firearm
- Section 309
- Section 480
- criminal procedure
- identification parade
- evidence
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91087 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- HALAI District- Samastipur
======================================================
Nitish Kumar Son of Raja Ram Sahni R/O Vill.- Gunai Vahasi, P.S.- Tajpur,
District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Halai P.S. Case No. 83 of 2025 registered for
the alleged offences under Section 309(4) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, four persons riding two
motorcycles stopped the vehicle of the informant and threatened
him with firearm. They stanched the mobile phone and cash
from the informant and his associates. In this manner, they took
away about Rs. 16,000/- cash apart from other articles. The
name of the petitioner transpired during investigation for being
involved in the said occurrence.
04. Learned counsel for the petitioner submits that the
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petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 09.08.2025 and charge-
sheet has been submitted. The petitioner is having antecedent of
one more case. Learned counsel further submits that though
recovery of looted motorcycle has been shown from this
petitioner but the said recovery is planted. In fact, nothing
incriminating has been recovered from the person or possession
of the petitioner. No test identification parade was conducted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
recovery of looted article was made from this petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Sahpur
Patori, Samastipur/court concerned in connection with Halai
P.S. Case No. 83 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(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)
Ashish/-
U T
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