Patna High Court
Niraj Kumar Nayan @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied because the offence is heinous and the petitioners were directly involved in the murder.
Summary
The Patna High Court heard two bail applications arising from the same police case (Begusarai Muffasil P.S. Case No. 285 of 2025) involving murder under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. CCTV footage placed the petitioners, Himanshu Kumar and Niraj Kumar Nayan, at the scene of the crime and showed them purchasing the murder weapon, with Niraj making the payment. Both petitioners gave self‑inculpatory statements describing the brutal killing and have been in custody since 8 September 2025. The Court considered the heinous nature of the offence, the direct involvement of the accused, and the risk to public order. Consequently, the Court declined to grant regular bail to either petitioner, emphasizing that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether regular bail can be granted to accused persons in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, given self‑incriminatory statements and the heinous nature of the offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- regular bail
- murder
- Section 103(1)
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
- self‑inculpatory statement
- heinous offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91109 of 2025
Arising Out of PS. Case No.-285 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Himanshu Kumar @ Himanshu Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9149 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Niraj Kumar Nayan @ Bittu Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91109 of 2025)
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
Mr. Vinod Kumar Seth, Advocate
Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
For the Informant : Mr. Ms. Mona Verma, Advocate
Mr. Chitranjan Kumar, Advocate
Mr. Amit Prakash, Advocate
Mr. Amar Kumar Singh, Advocate
(In CRIMINAL MISCELLANEOUS No. 9149 of 2026)
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
For the Informant : Mr. Ms. Mona Verma, Advocate
Mr. Chitranjan Kumar, Advocate
Mr. Amit Prakash, Advocate
Mr. Amar Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 These cases arise out of the same P.S. Case i.e.,
Begusarai Muffasil P.S. Case No. 285 of 2025; therefore, they
Patna High Court CR. MISC. No.91109 of 2025(4) dt.30-03-2026
2/3
are being heard together and disposed of by a common order.
2. Heard the learned counsel for the petitioner
(Himanshu Kumar @ Himanshu Singh), the learned Senior
Counsel for the petitioner (Niraj Kumar Nayan @ Bittu Kumar)
and learned APP for the State and the learned counsel for the
informant.
3. The petitioners seek regular bail in connection with
Muffasil P.S. Case No. 285 of 2025 registered for the offence
under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
4. Unknown criminals had killed the deceased brutally
by cutting his neck. After the recovery of the dead body, the
police investigated the case. From the CCTV footage collected
by the Police, the involvement of the petitioners has come. Both
the petitioners were found purchasing the murder weapon from
a shop. The CCTV has recorded the presence of the petitioners.
5. The payment for purchasing the murder weapon has
been made by the petitioner Niraj Kumar Nayan @ Bittu Kumar.
Both the petitioners have given their self-inculpatory statement
and have described the brutal murder of the deceased. The
petitioners are in custody since 08.09.2025.
6. Considering the aforesaid facts and circumstance,
the heinous nature of the offence, and the direct involvement of
Patna High Court CR. MISC. No.91109 of 2025(4) dt.30-03-2026
3/3
the petitioners in the crime, this Court is not inclined to grant
regular bail to the petitioners.
7. Accordingly, these applications for regular bail
stand rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail applications. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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