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Patna High Court

Nitish Kumar @ Nitesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted, subject to conditions, under Section 482(2) of the BNSS.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail after being implicated in an FIR alleging participation in a violent assault on 20 June 2025, with offences listed under various sections of the BNS and later Section 109. He argued that he has a clean record, the informant is an agnate with whom he has a property dispute, the FIR was lodged eight days after the incident without explanation, and the injuries were simple and not repeated. The State opposed the bail but could not refute the delay and the nature of the injuries. The court considered these submissions and, invoking its powers under Section 482(2) of the BNSS, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the usual conditions. The anticipatory bail application was therefore allowed.

Issues considered

  • The propriety of granting anticipatory bail to the petitioner given the allegations in the FIR.
  • Whether the eight‑day delay in filing the FIR and the nature of the alleged injuries justify bail.
  • Whether the petitioner is likely to tamper with evidence or flee, warranting denial of bail.

Subjects

  • anticipatory bail
  • FIR delay
  • false implication
  • property dispute
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12555 of 2026
                  Arising Out of PS. Case No.-433 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Nitish Kumar @ Nitesh Kumar S/O Akhileshwar Prasad R/O Village-
                 Sewrahan, P.S- Harsiddhi, Distt.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsh Shashwat, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-03-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   117(2), 126(2), 74, 303(2), 110, 351, 352 and 3(5) of the BNS,

                   2023 and later Section 109 of BNS was added.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner came on

                   20.06.2025 at 08:00 AM, further on orders of Akhileshwar,

                   accused Sunaina and Rina dashed her on the ground and

                   assaulted on chest and stomach, thereafter, Raja assaulted her
Patna High Court CR. MISC. No.12555 of 2026(2) dt.23-03-2026
                                            2/3




          husband by axe causing injury on head while petitioner

          assaulted Dipendra by rod causing injury on head and Rinki

          snatched her gold chain.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that petitioner and the informant

          are agnates and are having dispute relating to property. It is next

          submitted that even presuming what has been alleged is true

          without admitting then the injury suffered by the injured has

          been opined to be simple in nature (Annexure-2), and the blow

          is not alleged to have been repeated. It is further submitted that

          from side of the petitioner Harsidhi P.S. Case No. 437 of 2025

          has been instituted against the informant and their side. It is also

          submitted that the date of occurrence is 20.06.2025 and the FIR

          came to be instituted on 28.06.2025 i.e. after a delay of eight

          days without any plausible explanation which also casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State as well as the learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioner, but then are not in

          a position to rebut the submission of the learned counsel

          appearing on behalf of the petitioner that the FIR was instituted
            Patna High Court CR. MISC. No.12555 of 2026(2) dt.23-03-2026
                                                        3/3




                      after a delay of eight days and the injury suffered by the injured

                      has been opined to be simple and the blow is not alleged to have

                      been repeated.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Harsidhi P.S. Case No. 433 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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