Nitish Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Nitish Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Begusarai, in connection with Mufassil P.S. Case No. 663 of 2020, subject to conditions of personal appearance before the trial court on every date and liberty to the prosecution to seek cancellation if he is involved in a similar offence u/s 302 IPC.

Issue for consideration

Whether the petitioner, arraigned for murder (Section 302 read with Section 34 IPC) and an offence under Section 27 of the Arms Act in Mufassil P.S. Case No. 663 of 2020, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Begusarai, in connection with Mufassil P.S. Case No. 663 of 2020.

Ratio / Principle

Bail is subject to conditions: (i) the petitioner must remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bonds are liable to be cancelled; (ii) if he is found involved in a similar nature of offence, i.e. u/s 302 IPC, in future, the prosecution will be at liberty to move for cancellation of his bail bond.

Detailed headnote1 paragraphs

Regular bail granted — Offences under Section 302 read with Section 34 IPC and Section 27 Arms Act, Mufassil P.S. Case No. 663 of 2020, Begusarai — Petitioner alleged, along with co-accused, to have murdered the informant's son by firing on his head — Charge-sheet filed — Petitioner in custody since 16.02.2023 and has 15 criminal antecedents, one u/s 302 IPC — Held: considering facts, circumstances and period of custody, petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each — Conditions: physical presence before the Court below on each and every date (bail bonds cancellable on absence on two consecutive dates without reasonable cause) and liberty to prosecution to move for cancellation if petitioner is found involved in a similar offence u/s 302 IPC — Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47054 of 2025

Arising Out of PS. Case No.-663 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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

Nitish Kumar S/o Gopal Singh @ Rajesh Kumar R/o Village- Pahsara, P.S.Nawkothi, Dist.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

2 13-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case No. 663 of 2020 dated 28.12.2020 registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have committed murder of the informant’s son by firing on his head.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner

Patna High Court CR. MISC. No.47054 of 2025(2) dt.13-08-2025 2/3

rather the allegation against the petitioner is general and omnibus in nature. The charge-sheet has been submitted against the petitioner. It is further submitted that there is no eye-witness to the alleged occurrence. The petitioner has no concern with the alleged offence. The petitioner has 15 criminal antecedents in which one case is related to the offence u/s 302 of the I.P.C. as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Mufassil P.S. Case No. 663 of 2020, with a condition:-

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in similar

Patna High Court CR. MISC. No.47054 of 2025(2) dt.13-08-2025 3/3

nature of offence, i.e. u/s 302 of the I.P.C., in future, the prosecution will be at liberty to move for cancellation of his bail

bond.

7. The application stands allowed.

(Chandra Prakash Singh, J)

shivam/-

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