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2026 DAILYLAW 38692 (PAT)

Nitish Kumar v. The State of Bihar

CR. MISC./65194/2025 · 2026-02-18

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65194 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Nitish Kumar S/o Sanjivan Ray R/o Vill- Sukumarpur, P.S.- Raghopur, Distt- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar, Advocate For the State : Mr. Umesh Lal Verma, APP For the Informant : Mr. Anirudh Kumar Sinha, Advocate Mr. Alok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 6 18-02-2026 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103 & 3(5) of the BNS and further added Sections 103(1) & 3(5) of the BNS and under Section 27 of the Arms Act. 3. The case of the prosecution, in short, is that friends of the informant’s son Nitin Kumar @ Abhishek Kumar called Nitin to see horse race. Thereafter they took him to Mallikpur, where other co-accused persons and 4-5 unknown persons killed his son by firing on his head. 4. Learned counsel for the petitioner submits that in this case informant has been examined as P.W.-1 and in his cross- examination in Paragraph ‘15’ he has said that up till now no one has told him as to who has killed his son. It was not verified during course of investigation as to who has fired; neither he has Patna High Court CR. MISC. No.65194 of 2025(6) dt.18-02-2026 2/2 come to know that who has fired at his son. Learned counsel for the petitioner has further submitted that the petitioner is languishing in judicial custody since 27.01.2025. Learned counsel for the petitioner has further submitted that other co- accused persons have been granted bail by the learned Co- ordinate Bench vide Cr. Misc. Nos. 66061 of 2025 and 73145 of 2025. 5. Learned counsel for the Informant has vehemently opposed the bail and has stated that in this case the trial is at its fag end. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sessions Trial No.193 of 2025, arising out of Raghopur P.S. Case No. 22 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VIII, Vaishali at Hajipur. durgesh/- (Ashok Kumar Pandey, J) U T