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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.91087 of 2025(3) dt.24-02-2026
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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
           Patna High Court CR. MISC. No.91087 of 2025(3) dt.24-02-2026
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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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