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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Nitish Kumar, was arrested in connection with an offence under sections 308(5) and 3(5) of the B.N.S. and has been in judicial custody since 5 July 2025. The prosecution’s case is based on a phone call allegedly made by a co‑accused and a confessional statement of another co‑accused, while the petitioner’s name does not appear in the FIR and the mobile number used does not belong to him. The petitioner contended that there is no direct evidence against him and that similarly situated co‑accused have already been granted bail in earlier orders. The State opposed the bail application, arguing that the petitioner is implicated in the alleged crime. After hearing both sides, the court found the lack of substantive evidence and the petitioner’s prolonged custody to be sufficient grounds for bail. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The order was directed to be complied with by the Judicial Magistrate of First Class, Gaya.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 308(5) and 3(5) of the B.N.S. in the absence of direct evidence.
  • Whether a confessional statement of a co‑accused alone can justify denial of bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • co‑accused confessional statement
  • judicial custody
  • sections 308
  • section 3
  • B.N.S.
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91431 of 2025
                         Arising Out of PS. Case No.-192 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Nitish Kumar S/O Ram Janam Yadav Resident of Village- Fulwariya, P.S.-
                 Dev, Dist- Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 308(5) and

                   3(5) of B.N.S.

                                3. The case of the prosecution is that three armed

                   miscreants told the Poclain Operator to stop the work and

                   directed him to ask the contractor to pay levy after that they will

                   be able to start the work. It is further alleged that on the next

                   day, a call was received from the mobile no 9216292020 on the

                   mobile of the informant to the effect that Naxali Mukesh was

                   calling from other side and was demanding levy of Rs. 5%.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.91431 of 2025(2) dt.29-01-2026
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          counsel for the petitioner has submitted that the name of this

          petitioner is not there in the FIR and the mobile number from

          which the call was made to the informant does not belong to the

          petitioner. The name of this petitioner has come during

          investigation on the basis of confessional statement of co-

          accused. Save and except confessional statement of co-accused,

          there is nothing against this petitioner. Learned counsel has

          further submitted that similarly situated co-accused persons

          have already been granted bail by the learned co-ordinate Bench

          of this Court and by this court as well vide order dated

          12.01.2026 and 15.01.2026 passed in Cr. Misc. Nos. 89164 of

          2025 and 89798 of 2025 respectively. The case of this petitioner

          stands on similar footing. Moreover, the petitioner is

          languishing in judicial custody since 05.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Gurua P.S. Case No. 192 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.91431 of 2025(2) dt.29-01-2026
                                                        3/3




                      each to the satisfaction of learned J.M.F.C., Gaya Ji.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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