Created by Fuzzy Cloud

Patna High Court

Niranjan Kumar @ Chhotu MistriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to both petitioners subject to bond and conditions.

Summary

The petitioners, Niranjan Kumar and Bishnu Kumar, were arrested on 3 January 2026 in connection with an FIR dated 2 January 2026 alleging assault on the brother of an informant, invoking multiple sections of the Bihar Non-Compulsory Act, 2023. They contended that the FIR was fabricated, that no specific allegation was made against the second petitioner, and that the injury sustained was minor. The State opposed bail, noting the specific allegations in the FIR and that the petitioners were involved in another case, though they were on bail in that matter. The Court examined the allegations, the nature of the injury, and the petitioners' custody duration, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioners accused of assault under multiple sections of the Bihar Non-Compulsory Act, 2023 despite the seriousness of the allegations.
  • Whether the alleged lack of specific charges against the second petitioner warrants denial of bail.

Subjects

  • bail
  • assault
  • FIR
  • criminal procedure
  • Bihar High Court
  • conditions of bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18551 of 2026
                        Arising Out of PS. Case No.-1 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
           1.     Niranjan Kumar @ Chhotu Mistri S/O Ganesh Mistri (S/O Chhotu Mistri, in
                  I.O. wrongly typed) Resident of village - Hardiya, P.S. - Rajauli, District -
                  Nawada
           2.    Bishnu Kumar S/O Ganesh Mistri Resident of village - Hardiya,(Baudhikala
                 as per FIR) P.S. - Rajauli, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                    Heard Mr.Raj Kumar, learned counsel for the

                   petitioners and Mr.Awadhesh Kumar Singh, learned A.P.P. for

                   the State.

                                2. The petitioners seek bail, who are in custody since

                   03.01.2026 in connection with Rajauli P.S.Case No.01 of 2026,

                   F.I.R. dated 02.01.2026 registered for the offence punishable

                   under Section 115(2), 126(2), 117(2), 109, 303(2), 74, 351(2),

                   352, 3(5) of BNS, 2023.

                                3. Allegation against the petitioners is that they have

                   assaulted to the brother of the informant Sanni Kumar on his

                   head and waist as a result of which he was badly injured.

                                4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.18551 of 2026(2) dt.24-03-2026
                                            2/3




          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioners have not committed any offence as

          alleged in the FIR. From a bare perusal of the FIR it appears

          that there is no specific allegation of any assault or overt-act

          attributed against petitioner No.2 rather there is general and

          omnibus allegation against him and as per allegation against

          petitioner No.1 is concerned that he has assaulted to the brother

          of the informant on his waist, although the brother of the

          informant has received the injury but the injury is simple in

          nature and the petitioners are in custody since 03.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioners and submits that the petitioners are

          named in the FIR and specific allegation against them and apart

          from that, petitioners carry one more case other than the present

          one but fairly submits that they are on bail in the said case, as

          mentioned in paragraph-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioners,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of learned C.J.M., Nawada in

          connection with Rajauli P.S.Case No.01 of 2026, with the

          following conditions:-
               Patna High Court CR. MISC. No.18551 of 2026(2) dt.24-03-2026
                                                           3/3




                                      (I) Petitioners shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bond shall be cancelled by the Court below.

                                      (II) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.