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Patna High Court

Nitish Kumar @ Rama Shankar Singh@Rama ShankarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for regular bail, directing the petitioner’s release on bond with conditions.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a robbery alleged under Sections 310(2), 317(3) and 111 of the Bharatiya Nyaya Sanhita, wherein a motorcycle was surrounded and gold, cash and a camera were stolen at gunpoint. The prosecution claimed the petitioner participated in the theft, but no stolen articles were recovered from his possession and he had not been subjected to a test identification parade. The petitioner contended his innocence and highlighted the prolonged custody since 3 August 2025 without the charge being proved. The State opposed bail, citing the seriousness of the offences. Considering the length of custody, lack of identification, and absence of material evidence, the Court granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance and non‑tampering with evidence.

Issues considered

  • What is the appropriateness of granting regular bail to an accused charged with offences under Sections 310(2), 317(3) and 111 of the Bharatiya Nyaya Sanhita?
  • Does the absence of a test identification parade and lack of recovered stolen property justify bail despite the seriousness of the alleged crimes?

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • robbery
  • identification parade
  • Bharatiya Nyaya Sanhita
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91222 of 2025
                         Arising Out of PS. Case No.-37 Year-2025 Thana- MURAR District- Buxar
                 ======================================================
                 Nitish Kumar @ Rama Shankar Singh@Rama Shankar S/O Chotelal Singh
                 Resident of village-Sahadat Dihra Shahadat, P.s.- Dawath, Dist.- Rohtas
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-04-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Murar P. S. Case No. 37 of 2025 registered for the offences

                   punishable under Sections 310(2), 317(3), 111 of the Bharatiya

                   Nyaya Sanhita.

                                3. As per prosecution case, this petitioner along with

                   other F.I.R. named accused persons surrounded the motorcycle

                   of informant and looted gold locket, Rs. 700 cash and a video

                   camera at the point of pistol and threw his motorcycle key in

                   bushes.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No stolen

                   article has been recovered from possession of the petitioner.

                   Apprehended co-accused disclosed the name of this petitioner as
            Patna High Court CR. MISC. No.91222 of 2025(3) dt.22-04-2026
                                                        2/2




                      the one who managed to flee away from the place of occurrence.

                      Till date, petitioner has not been put on Test Identification

                      Parade. Petitioner is in custody since 03.08.2025. Charge has

                      already been framed.

                                   5. However, learned A.P.P. for the State vehemently

                      opposed the bail application.

                                   6. Considering the period of custody and progress of

                      the trial, this bail application is allowed. The petitioner, above

                      named, is directed to be released on bail on furnishing bail bond

                      of Rs. 10,000/- (Ten thousand) with two sureties of the like

                      amount each to the satisfaction of the learned District &

                      Additional Sessions Judge II, Buxar in connection with Murar P.

                      S. Case No. 37 of 2025 with further conditions:-

                                   ‘(i) Petitioner shall remain physically present in the
                      learned Trial Court on each date and shall co-operate in the trial.
                                   (ii) In case the petitioner is absent on two consecutive
                      dates without sufficient reasons, learned Trial Court would be at
                      liberty to cancel bail bond of the petitioner.
                                   (iii) If the petitioner tampers with the evidence or the
                      witnesses, in that case, the prosecution will be at liberty to move for
                      cancellation of bail.’



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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