Patna High Court
Nitish Kumar @ Nitish YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to petitioners Nos.1‑3,5,7 under Section 438(2) Cr.P.C. with conditions and denied it to petitioners Nos.4 and 6.
Summary
The petitioners, seven Yadav brothers, sought anticipatory bail fearing arrest in connection with FIR No. 775 of 2025 alleging assault and other offences under various sections of the Bihar Penal Code arising from a land dispute. The prosecution alleged that Birendra Yadav, Dharmendra Yadav, Ravi Kumar and Abhishek Kumar Yadav directly assaulted the informant and his family, while the remaining brothers were implicated only through omnibus allegations. The court noted that the latter five petitioners have no criminal antecedents, some are minors and are students, and therefore merit relief, whereas the two directly accused were denied bail. Applying Section 438(2) of the Criminal Procedure Code, the court granted anticipatory bail to Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav subject to strict conditions, and rejected the bail applications of Ravi Kumar and Abhishek Kumar Yadav. The order also imposed conditions such as furnishing bail money, sureties, regular court appearances, police attendance, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C.
- Whether the nature of the allegations and the presence of minors justify bail.
- Whether the petitioners directly implicated in assault should be denied anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- land dispute
- assault
- minors
- bail conditions
- Criminal Procedure Code
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13180 of 2026
Arising Out of PS. Case No.-775 Year-2025 Thana- ARA NAGAR District- Bhojpur
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1. Nitish Kumar @ Nitish Yadav S/o Virendra Yadav @ Birendra Yadav R/o
Village - Begampur, P.S - Ara Town, District - Bhojpur
2. Satish Kumar @ Satish Yadav S/o Virendra Yadav @ Birendra Yadav R/o
Village - Begampur, P.S - Ara Town, District - Bhojpur
3. Rohit Kumar @ Rohit Yadav S/o Surendra Yadav R/o Village - Begampur,
P.S - Ara Town, District - Bhojpur
4. Ravi Kumar Yadav @ Ravi Yadav S/o Surendra Yadav R/o Village -
Begampur, P.S - Ara Town, District - Bhojpur
5. Raja Kumar @ Raja Yadav S/o Surendra Yadav R/o Village - Begampur, P.S
- Ara Town, District - Bhojpur
6. Abhishek Kumar Yadav @ Abhishek Yadav S/o Dharmendra Yadav R/o
Village - Begampur, P.S - Ara Town, District - Bhojpur
7. Ranjan Kumar Yadav @ Ranjan Yadav S/o Sudarshan Yadav R/o Village -
Begampur, P.S - Ara Town, District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar The Advocate General of Bihar Patna High Court
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
For the informant : Mr. Ravindra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard Mr. Arun Kumar Singh, learned Counsel for
the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Ara Town P.S. Case No. 775 of 2025 for the offence
registered under sections 191(2), 190, 126(2), 117(2), 109(1),
352, 351(2) and 351(3) of the BNS.
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3. As per the prosecution story, the informant alleged
that due to land dispute, the accused persons armed variously
came and assaulted the informant’s side.
4. So far as the allegations are concerned, Birendra
Yadav gave revolver’s butt blow on the head of the informant
causing injuries while Dharmendra Yadav assaulted Sita Yadav,
wife of the informant which resulted into injury on the head and
fracture in the hand. The assault theory is also attributed to Ravi
and Abhishek Yadav who assaulted Aditya, again causing injury/
fracture. This led to the FIR.
4. Learned Counsel for the petitioners submit that
exaggerated FIR is there in which all the family members have
been rounded of though he concede that some of the injuries
have been found to be grievous in nature.
5. Mr. Ravindra Kumar representing the informant
submits that so far as the Birendra Yadav, Dharmendra Yadav,
Ravi and Abhishek are concerned, direct allegation of assault/
causing injuries, some of which are found to be grievous in
nature is/are there.
6. Considering the submissions of the parties
aforesaid, so far as the petitioner nos. 4 and petitioner no. 6,
namely Ravi Kumar and Abhishek Kumar are concerned, the
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anticipatory bail application stands rejected.
7. Regarding petitioner nos. 1 to 3 and 5, 7, namely,
Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and
Ranjan Kumar Yadav respectively are concerned, omnibus
allegation is/are there, none have criminal antecedent, some of
them are hardly 18 years of age, students, in that background,
this Court is inclined to grant petitioner nos. 1 to 3, 5 and 7,
namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar
and Ranjan Kumar Yadav the anticipatory bail with conditions.
7. Let the petitioner nos. 1 to 3, 5 and 7, namely,
Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and
Ranjan Kumar Yadav in the event of arrest or surrender within a
period of four weeks from the date of receipt of the order, shall
be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Bhojpur at Ara in connection with Ara Town P.S.
Case No. 775 of 2025 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 1 to 3, 5 and 7, namely,
Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and
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Ranjan Kumar Yadav, who shall provide official document
(Aadhar Card, PAN Card, Driving License, Voter ID) to show
his bona fide;
(ii) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish
Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan
Kumar Yadav shall appear on each and every date before the
Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
by the Trial court itself;
(iii) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish
Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan
Kumar Yadav shall appear before the concerned police station
every fortnight for next six months to mark attendance and at
the end of the period, the certificate be submitted to the Court;
(iv) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish
Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan
Kumar Yadav shall in no way try to induce or promise or threat
the witnesses or tamper with the evidences, failing which the
State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish
Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan
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Kumar Yadav shall desist from committing any criminal offence
again failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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