Patna High Court
Niranjan Kumar @ Chhotu MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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