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Patna High Court

Nitesh Ranjan @ Nitesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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
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                      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


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