Nitish Kumar @ Nitish Mandal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Nitish Kumar @ Nitish Mandal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending, in connection with Rajoun P.S. Case No. 550 of 2023, subject to five conditions (close-relative and local bailor; presence on each trial date; cancellation on absence/violation; liberty to seek cancellation on future similar offence; verification of criminal antecedents with cancellation steps on concealment).

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Rajoun P.S. Case No. 550 of 2023, registered for offences under Sections 392 and 411 of the Indian Penal Code. +1 more

Court's answer

Considering the parties' submissions, that no recovery was made from the petitioner's possession and the period of custody, the court directed that the petitioner be released on regular bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the court below where Rajoun P.S. Case No. 550 of 2023 is pending.

Ratio / Principle

Release on bail is subject to conditions: one bailor must be a close relative and the other a local resident; the petitioner must remain physically present in court on each date of trial; the bail bond is liable to cancellation on absence on two consecutive dates or violation of bail terms; the prosecution may move for cancellation if the petitioner is involved in a similar offence in future; and the court below must verify the petitioner's criminal antecedents and take cancellation steps if concealment is found.

Detailed headnote1 paragraphs

Patna High Court (Sourendra Pandey, J.), Criminal Miscellaneous No.6175 of 2025, order dated 03-07-2025: regular bail granted to Nitish Kumar @ Nitish Mandal in Rajoun P.S. Case No. 550 of 2023 (District Banka), registered for offences under Sections 392 and 411 of the Indian Penal Code. Prosecution case: three unknown motorcycle-borne persons looted a mobile phone and Rs. 1,000/- cash from the informant. Per petitioner's counsel, the petitioner was not named in the FIR; his name surfaced in the confessional statement of Sintu Kumar, from whose possession — not the petitioner's — the looted mobile and an iron jack were recovered during investigation; Sintu Kumaar had already been enlarged on bail by a Co-ordinate Bench (Annexure-3). The petitioner had one criminal case under the Excise Act and had been in custody since 11.09.2024. The learned A.P.P. opposed, stating the petitioner was involved in organised crime. Taking account that no recovery was made from the petitioner's possession and the period of custody, the court released him on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, imposing conditions: one bailor a close relative and the other a local resident; physical presence in court on each trial date; bail bond liable to cancellation on absence on two consecutive dates or violation of terms; prosecution at liberty to move for cancellation if the petitioner is involved in a similar offence in future; and the court below to verify the petitioner's criminal antecedents, taking cancellation steps if concealment is found.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6175 of 2025

Arising Out of PS. Case No.-550 Year-2023 Thana- RAJAON District- Banka

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

Nitish Kumar @ Nitish Mandal Son of Nandlal Mandal R/o-VillageJiwanchak (Khiddi), Police Station -Rajoun, District -Banka

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the State : Mrs. Meena Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

3 03-07-2025

Heard learned counsel for the petitioner and the

learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

3. As per the prosecution case, three unknown persons riding on a motorcycle, overtook the vehicle of the informant and the said miscreants looted away the mobile and cash of Rs. 1,000/- and other items from the informant.

4. The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has surfaced in the confessional statement of one Sintu Kumar. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and even during the

Patna High Court CR. MISC. No.6175 of 2025(3) dt.03-07-2025 2/3

course of investigation, the looted mobile and iron jack was recovered from the possession of the said accused Sintu Kumar. It has next been submitted that the person who had taken the name of the of the petitioner, namely, Sintu Kumaar has been enlarged on bail by a Co-ordinate Bench of this Hon’ble Court, the order of which has been brought on record by way of Annexure-3. It has lastly been submitted that petitioner has one criminal case under Excise Act and he is in custody since 11.09.2024 in the present case.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail and has stated that petitioner is involved in organised crime and should not be released on bail.

6. Considering the aforesaid submissions made by the parties and taking account that no recovery has been made from the possession of the petitioner and also considering the period of custody, 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 court below where the case is pending/successor court in connection Rajoun P.S. Case No. 550 of 2023, subject to the following conditions:-

Patna High Court CR. MISC. No.6175 of 2025(3) dt.03-07-2025 3/3

(i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned 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.

(Sourendra Pandey, J)

Siwani/-

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