Nitesh Kumar @ Nitish Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Nitesh Kumar @ Nitish Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender before the Trial Court within eight weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City (Patna), in connection with Khusrupur P.S. Case No. 16 of 2023, subject to conditions under Section 438(2) Cr.P.C. / Section 482(2) B.N.S.S.

Issue for consideration

Whether the petitioner, who apprehends arrest in Khusrupur P.S. Case No. 16 of 2023 registered for offences punishable under Section 302/34 IPC and Section 27 of the Arms Act, should be enlarged on anticipatory bail.

Court's answer

In the event of arrest/surrender before the Trial Court within a period of eight weeks, the petitioner is to be enlarged on anticipatory bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City (Patna), in connection with Khusrupur P.S. Case No. 16 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner apprehending arrest in Khusrupur P.S. Case No. 16 of 2023 (offences under Section 302/34 IPC and Section 27 Arms Act, arising out of an alleged indiscriminate firing on 07.01.2023 in which the informant's son was shot dead) is directed to be enlarged on bail if arrested/surrendering before the Trial Court within eight weeks, on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City (Patna), subject to conditions under Section 438(2) Cr.P.C. / Section 482(2) B.N.S.S. Counsel had submitted that the specific accusation of causing death by gunshot is against co-accused Dhananjay Kumar, no overt act is alleged against the petitioner, and a similarly situated co-accused had already been granted anticipatory bail by a coordinate Bench vide order dated 08.08.2025 in Cr.Misc. No. 54295 of 2025; the A.P.P. opposed the prayer. Bench: Prabhat Kumar Singh, J (single Judge, oral order dated 24-02-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12172 of 2026

Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna

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

Nitesh Kumar @ Nitish Kumar Son of Rabindra Singh Resident of Village - Malpur, P.S. - Khusrupur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Radhe Shyam For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 24-02-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case, registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against petitioner is that on 07.01.2023 at about 9 PM, he along with other FIR named coaccused persons made indiscriminate firing and in the said occurrence, son of the informant was shot dead.

Learned counsel for the petitioner submits that specific accusation of causing death son of informant by firing gun shot is against co-accused Dhananjay Kumar. This petitioner is only alleged to be member of the mob. There is absolutely no allegation of overt act against this petitioner. Similarly situated co-accused has been granted anticipatory bail

Patna High Court CR. MISC. No.12172 of 2026(2) dt.24-02-2026 2/2

by a coordinate Bench, vide order dated 08.08.2025 passed in Cr.Misc. No. 54295 of 2025.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Trial Court within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Patna City (Patna) in connection with Khusrupur P.S. Case No. 16 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J)

Anay

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