← Library
Patna High CourtCR. MISC./1223/2026allowed

Nitesh Kumar @ Sidharth Raj v. The State Of Bihar

2026-02-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1223 of 2026 Arising Out of PS. Case No.-597 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Nitesh Kumar @ Sidharth Raj S/o Umesh Ray R/O Village- Dighi Kala West, P.S- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Hajipur Sadar P.S. Case No. 597 of 2024 registered for the offence punishable under Sections 103(1), 61(2) (a) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. The case of the prosecution in short is that on 20.08.2024 at about 07:45 PM, two unknown persons came out at the place of occurrence and fired upon the father of the informant due to that he sustained injuries and subsequently, he died. It is further alleged that at the time of incident some other accused persons were also present. It is further mentioned in the FIR that just before the death of Pankaj Ray, he named Angu @ Mayank, Badal Kumar and Naveen Billa as assailant.

Patna High Court CR. MISC. No.1223 of 2026(2) dt.05-02-2026 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that the name of this petitioner is not there in the FIR rather his name has surfaced during the course of investigation in the confessional statement of co-accused persons namely, Deepak Kumar, Priyanshu Kumar and Adarsh. He further submits that similarly situated other co-accused namely, Alok Kumar whose name has also surfaced during investigation in the confessional statement of the co-accused persons has been granted bail by this Court passed in Cr. Misc. No. 43421 of 2025. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 12.08.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.1223 of 2026(2) dt.05-02-2026 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 597 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T