Patna High CourtCR. MISC./1912/2026rejected

Nitish Kumar v. The State Of Bihar

2026-04-09Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1912 of 2026 Arising Out of PS. Case No.-471 Year-2023 Thana- SAHPUR District- Patna ====================================================== Nitish Kumar S/o Sri Prithvi Rai R/o Village - Shankarpur Dera, P.S - Shahpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP For the Informant :

Mr. Manoranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2026 Heard Mr. Rajesh Kumar, learned counsel for the petitioner, Mr. Nitya Nand Tiwary, learned A.P.P. for the State and Mr. Manoranjan Kumar, learned counsel for the Informant.

2. The petitioner seeks bail, who is in custody since 24.07.2025 in connection with Shahpur P.S. Case No. 417 of 2023, FIR dated 15.07.2023 registered for the offence under Section 302, 148, 342, 326 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons murdered the informant's son by shooting him from a country made pistol.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.1912 of 2026(3) dt.09-04-2026 2/2 implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.and the petitioner is rotting in judicial custody since 24.07.2025.

5. Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner supported by medical evidence (post-mortem report) and apart from that petitioner carries six criminal antecedents in which he is on bail in five cases.

6. Considering the facts and circumstances of the case as well as nature of allegation supported by medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Shahpur P.S. Case No. 417 of 2023, pending in the Court of Additional Sessions Judge-VII, Danapur, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T