Supreme Court grants relief to Niraj Kumar, which was denied by Justice Prabhat Kumar Singh

In Niraj Kumar vs. The State of Bihar (2025), Supreme Court's Division Bench of Sanjay Karol and Prashant Kumar Mishra passed an order dated August 11, 2025 in a case which arose out of a P.S. case 2024 from Ganga bridge Thana, Vaishali. It condoned the delay. The order reads:"In the event of arrest, the petitioner(s) shall be released on bail by the Investigating/arresting officer on such terms and conditions as imposed and found to be just, fair and reasonable." The petitioner has challenged to the judgment and order dated January 29, 2025 passed by the High Court. 

In Niraj Kumar vs. The State of Bihar (2025), Justice Prabhat Kumar Singh of Patna High Court had passed a 2-page long order dated January 29, 2025 rejecting the prayer for pre-arrest bail of the petitioner due to the nature of accusation and gravity of offence. The petitioner had approached the High Court apprehending arrest in a case registered for the offence punishable under sections 103(1), 61 (2) and 3(5) of BNS, 2023. 

As per the prosecution case on 05.08.2024 at 11.00 AM the petitioner along with other F.I.R., named accused persons called brother of the informant who went in the company of accused persons and on the same day at about 2.30 Pm, informant came to know that his brother was lying on ground in dead condition . With the help of villagers, his brother was rushed to nearby clinic of Sadhusharan Choudhary where he was declared dead. Then , informant raised suspicion that the petitioner along with other co-accused persons in collusion with each other killed brother of informant.

The counsel for the petitioner submits that the petitioner was innocent and was falsely been implicated in the case . Only suspicion has been raised against this petitioner. Informant was no eye witness to the alleged occurrence. There was delay of 4 days in lodging the F.I.R., for which there was no plausible explanation for the same . At best, it was a case of last seen with the deceased. The State opposed the prayer for bail and submitted that there was specific allegation against the petitioner that he along with other co-accused persons killed the deceased. It was also submitted that it was the petitioner and other co-accused persons who took away the deceased along with them and thereafter deceased was left in dead condition.