Patna High Court
Nitesh Ranjan @ Nitesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nitesh Ranjan, was charged under Sections 329(3), 126(2), 115(2), 103(1) and 3(5) of the B.N.S. for allegedly assaulting an informant, kidnapping her son, killing him and discarding the body. He contended that the FIR was false, filed three days after the alleged incident, and that the post‑mortem report showed death by asphyxia due to hanging, indicating suicide. The prosecution opposed bail, citing the seriousness of the offences. The Court noted the lack of medical corroboration of the FIR, the three‑day delay in filing, and that a co‑accused in a similar case had been granted bail by a coordinate bench. Consequently, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering of evidence and verification of antecedents.
Issues considered
- Whether bail should be granted despite the seriousness of the offences alleged under the B.N.S.
- Whether the delay in filing the FIR and the post‑mortem findings affect the bail decision
- Whether the grant of bail to a similarly situated co‑accused influences the petitioner's bail application
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 329(3), 3(5)
Subjects
- bail
- FIR delay
- post‑mortem report
- false allegations
- criminal antecedent
- Sections 329,126,115,103,3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9790 of 2026
Arising Out of PS. Case No.-470 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Nitesh Ranjan @ Nitesh Paswan Son of Ramayan Paswan Resident of
Village- Bara Bariyarpur, P.S.- Chhatauni, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard Mr. Abhishek Kumar , learned counsel for the
petitioner and Mr. Rabindra Kumar, learned Additional Public
Prosecutor appearing for the State.
2. Petitioner seeks bail in connection with Chhatauni
P.S. Case No. 470 of 2025, F.I.R. dated 29.07.2025 registered
for the offences punishable under Sections 329(3), 126(2),
115(2), 103(1), 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner along
with others, variously armed, came to the door of the informant
and assaulted the informant and her son. Thereafter, they took
away her son and after killing him, threw his dead body at the
door of her brother-in-law.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9790 of 2026(2) dt.26-02-2026
2/4
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that the date of occurrence
as alleged in the F.I.R. is 26.07.2025 but the present F.I.R. was
instituted on 29.07.2025 i.e. after delay of three days without
giving any explanation of delay. Although the petitioner is
named in the F.I.R. and there is specific allegation against the
petitioner in the F.I.R. that they along with other co-accused
persons have assaulted to the deceased but the postmortem
report does not support the allegation as alleged in the F.I.R. The
postmortem report reveals that cause of death is Asphyxia due to
hanging which suggests that the deceased has committed suicide
herself. He further submits that co-accused person namely
Prince Paswan @ Prince Ranjan against whom the similar
allegation has been granted bail by a Coordinate Bench of this
Court vide order dated 20.01.2026 passed in Cr. Misc. No. 3251
of 2026 and the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
02.08.2025.
5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.9790 of 2026(2) dt.26-02-2026
3/4
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the allegation as alleged in the F.I.R. has not
supported by the medical evidence and similarly situated co-
accused person has been granted bail by a Coordinate Bench of
this Court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran, Motihari in
connection with Chhatauni P.S. Case No. 470 of 2025, subject to
the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.9790 of 2026(2) dt.26-02-2026
4/4
any stage, it is found that the petitioner has concealed his
criminal antecedents, 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.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
Checking your session…