Allowed¶19

Nishant Yadav @ Chhotu Kumar v. The State of Bihar

Patna HC2 Dec 2025CR. MISC./38390/2025

Case brief

AI extract

What is this about?

Bail granted; murder/shot dead; Araria P.S. Case No. 539 of 2024; District Araria; Sections 103(1) and 3(5) B.N.S.; Section 27 Arms Act; supplementary diary; CCTV footage; C.D.R.; A.C.D.R.; confessional statement; bike seizure list missing; parity with co-accused Deva Kumar and Md. Sahil Alam; Cr. Misc. No. 19777 of 2025; Cr. Misc. No. 61031 of 2025; no criminal antecedent; judicial custody since 23.10.2024; bail bond Rs. 10,000 with two sureties; C.J.M. Araria; Patna High Court; Justice Ashok Kumar Pandey; order dated 02-12-2025.

What did the court decide?

Both petitioners directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, in connection with Araria P.S. Case No. 539 of 2024. ¶19

Nishant Yadav @ Chhotu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether petitioners Nishant Yadav @ Chhotu Kumar and Sonu Kumar should be enlarged on bail in connection with Araria P.S. Case No. 539 of 2024 (offences under Sections 103(1) and 3(5) of B.N.S. and Section 27 of the Arms Act).

¶11

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court enlarged both petitioners on bail, directing release on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, in connection with Araria P.S. Case No. 539 of 2024.

¶19

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J.), Criminal Miscellaneous No.38390 of 2025, decided 02-12-2025 (oral order): Bail granted to petitioners Nishant Yadav @ Chhotu Kumar and Sonu Kumar in Araria P.S. Case No. 539 of 2024, registered for offences under Sections 103(1) and 3(5) of B.N.S. and Section 27 of the Arms Act. Counsel for petitioners submitted that they were falsely implicated, the F.I.R. having been lodged against unknown miscreants; that co-apprehended persons Prince Kumar @ Pistal Yadav and Md. Sahil Alam had confessed and named the petitioners among associates after CCTV footage, C.D.R. and A.C.D.R. were examined; that the seizure list of the bike allegedly used was absent from the diary; that even the confessional statement of petitioner no.1 did not show him to be the assailant; that a Co-ordinate Bench had granted bail to co-accused Deva Kumar and Md. Sahil Alam (Cr. Misc. Nos. 19777 and 61031 of 2025); and that the petitioners had no criminal antecedents and were in custody since 23.10.2024. The application was opposed by the APP. Considering the facts and circumstances, the Court enlarged both petitioners on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38390 of 2025

¶2

Arising Out of PS. Case No.-539 Year-2024 Thana- ARARIA District- Araria

¶3

======================================================

¶4

Nishant Yadav @ Chhotu Kumar, S/o Jagdish Yadav @ Jagdish Prasad Yadav, R/o Bagnagar, Ward no -02, P.S -Mahalgaon (Jokihat), Distt.- Araria

¶5

Sonu Kumar, Son of Jageshwar Mandal, R/o Bagnagar , Ward no -02 , P.S -Mahalgaon (Jokihat), Distt.- Araria

¶6

... ... Petitioner/s

¶7

Versus ... ... Opposite Party/s

¶8

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Madhav Jha, Advocate Mr. Nishant Choudhary, Advocate For the Opposite Party/s : Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶9

7 02-12-2025

¶10

Heard Mr. Madhav Jha, learned counsel for the petitioners and Mr. Md. Nazir Ansari, learned APP for the State.

¶11

The petitioners have prayed for bail in connection with Araria P.S. Case No. 539 of 2024 registered for the offence punishable under Sections 103(1) and 3(5) of B.N.S. and Section 27 of the Arms Act.

¶12

The case of the prosecution, in short, is that the informant got an information that his brother has been shot dead by unknown persons.

¶13

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. The F.I.R. was lodged against unknown miscreants. During

¶14

Patna High Court CR. MISC. No.38390 of 2025(7) dt.02-12-2025 2/3

¶15

course of investigation in para-2 of the supplementary diary, it is clear that two persons, namely, Prince Kumar @ Pistal Yadav and Md. Sahil Alam were apprehended. They confessed their guilt and involvement in the occurrence. They also named their associates after going through the C.C.T.V. footage, C.D.R. and A.C.D.R. namely, Sonu Kumar, Nishant Kumar, Aryan Kumar and Deva Kumar. It has further been submitted that from perusal of the para10 of the supplementary diary, it is clear that the house of Nishant Kumar was raided by the police and from his house, Sonu Kumar, Deva Kumar and Aryan Kumar were apprehended. The petitioners have disclosed that the bike used in the occurrence is standing the veranda of R.T.P.S. premises. After that, the bike was seized from that varanda. The seizure list of the said bike is not available in the diary, however, the confessional statement of petitioner no.1 Nishant Kumar @ Chhotu Yadav is there. From perusal of the confessional statement, it is clear that Deva Kumar, Sahil and Aryan went into the Ganpat Medical Store. Prince and Sonu were on the bike and they have kept the bike in start position. They heard the sound of firing. Sahil disclosed that he has fired at Deepak Kumar. Learned counsel for the petitioners has also submitted that even from the confessional statement of the petitioner no. 1, it is clear that he is not the assailant. It has also been submitted by learned counsel for the petitioners that learned

¶16

Patna High Court CR. MISC. No.38390 of 2025(7) dt.02-12-2025 3/3

¶17

Co-ordinate Bench has granted bail to the similarly situated accused persons, namely, Deva Kumar and Md. Sahil Alam vide Cr. Misc. No. 19777 of 2025 and 61031 of 2025. It has been submitted that the case of these petitioners is on better footing than that of Md. Sahil Alam. Petitioners are having no criminal antecedent and they are languishing in judicial custody since 23.10.2024.

¶18

The application for bail is opposed by learned APP for the State.

¶19

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Araria P.S. Case No.539 of 2024.

¶20

(Ashok Kumar Pandey, J)

¶21

lata/- U T

Nishant Yadav @ Chhotu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nishant Yadav @ Chhotu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Raghubir Singh and Anr. Vs Sureshwar Singh and Ors.

Raushan Kumar Vs The State of Bihar

Sandeep Kumar Vs The State of Bihar

Nagina Prasad @ Nagina Rai Vs The State of Bihar

Niranjan Kumar Bhagat @ Bablu Vs The State of Bihar

Shubham Kashyap Vs The State of Bihar