Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case (Rajoun P.S. Case No. 66 of 2025) registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault, disrobing and looting of an informant. The prosecution contended that the petitioner, along with co‑accused, assaulted the informant with an iron rod, causing grievous injury to a vital part of her body. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, and was falsely implicated due to an ongoing land dispute, noting that a co‑accused had already been granted regular bail. The State opposed the bail, emphasizing the seriousness of the offences and the specific allegation of violent assault. The Court, after considering the gravity of the offences and the evidence, declined to grant anticipatory bail, directing the petitioner to surrender before the lower court and apply for regular bail if desired.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offences.
Whether the allegations of assault with an iron rod and grievous injury preclude the grant of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2)(3), 352, 76

Subjects

anticipatory bail
criminal procedure
assault
grievous injury
false implication
land dispute
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13007 of 2026
                        Arising Out of PS. Case No.-66 Year-2025 Thana- RAJAON District- Banka
                 ======================================================
                 Nitish Kumar Son of Ramdeo Yadav Resident of Village -Shikanpur Ps-
                 Rajoun District- Banka
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Rajoun P.S. Case No. 66 of 2025, registered under Sections

                   126(2), 115(2), 117(2), 76, 303(2), 109, 352, 351(2)(3) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons assaulted the informant,

                   disrobed her and looted ornaments.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that the allegation levelled against the petitioner is general and

                   omnibus in nature. It is next submitted that due to admitted land

                   dispute between the parties, the petitioner has been implicated in
             Patna High Court CR. MISC. No.13007 of 2026(2) dt.25-02-2026
                                                         2/2




                       this case. The injury sustained by the informant is on the vital

                       part of the body. The petitioner has got no criminal antecedent.

                       Learned counsel for the petitioner further submits that other co-

                       accused has been granted regular bail by this Court vide order

                       dated 19.08.2025 passed in Cr. Misc. No. 36828 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner and submitted that

                       the petitioner is named in the FIR and there is specific allegation

                       of assaulting the informant by means of iron rod. It is further

                       submitted that the injury sustained by the informant is grievous

                       in nature and hence, the petitioner does not deserve the privilege

                       of anticipatory bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature and gravity of the offence, this Court is not

                       inclined to grant anticipatory bail to the petitioner.

                                    7. The prayer is rejected. However, the petitioner is

                       directed to surrender in the Court below and pray for regular

                       bail. If any such application is filed, the Court below shall

                       consider and dispose of the same on its own merit without being

                       prejudiced by this order.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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