Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions, as the evidence was insufficient and procedural lapses were noted.
Summary
Nitish Kumar was arrested on 20 November 2025 in connection with a case of alleged looting of Rs. 32,000, a mobile phone and documents, charged under Sections 303(2), 318(4) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based solely on a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR and no material has been recovered from his possession. The petitioner contended that he is innocent, that the charge sheet was filed without any tip‑off investigation, and that the evidence against him is weak. The State opposed bail, citing fourteen prior criminal antecedents, though eight of those cases are already on bail. The High Court, noting the lack of direct evidence, the absence of the petitioner’s name in the FIR, and the procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s extensive criminal antecedents preclude the grant of bail.
- Whether the procedural requirement of a tip‑off investigation (TIP) must be satisfied before bail can be considered under the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2), 318(4), 3(5)
Subjects
- bail
- criminal antecedents
- confessional statement
- TIP investigation
- Bihar Narcotic Substances Act
- theft
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9726 of 2026
Arising Out of PS. Case No.-256 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
Nitish Kumar Son of Dharamendra Saw @ Dharam Sao @ Dharamendra Sah
Village- Naya Tola Simri PS- Bakhtiyarpur Distt -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rashmi Sharma, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Ms. Rashmi Gupta, learned counsel for the
petitioner and Mr. Gauri Shankar Gupta, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.11.2025 in connection with Surajgarha P.S. Case No. 256 of
2024, F.I.R. dated 02.09.2024 for the offences punishable under
Sections 303(2), 318(4) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner has
looted Rs. 32,000/- cash, mobile phone and documents kept in
the bag of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
has been transpired during investigation on the basis of the
Patna High Court CR. MISC. No.9726 of 2026(3) dt.02-04-2026
2/3
confessional statement of the co-accused, namely, Devanand
Kumar which is recorded in paragraph no. 7 of the
supplementary case diary. She further submits that nothing has
been recovered from the conscious possession of the petitioner
and till date no TIP has been conducted by the prosecution. She
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 20.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries fourteen criminal antecedents
other than the present one but fairly submits that he is on bail in
eight cases and rest cases are pending for consideration before
the competent Court of law.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the FIR, his name has been
transpired on the basis of the confessional statement of the co-
accused and till date no TIP has been conducted by the
prosecution, let the petitioner, above named, 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 Chief Judicial Magistrate, Lakhisarai in connection with
Patna High Court CR. MISC. No.9726 of 2026(3) dt.02-04-2026
3/3
Surajgarha P.S. Case No. 256 of 2024, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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