Patna High Court
Nitesh Sah @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to surrender, bail bond, sureties, and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, four brothers from Madarpur, filed an anticipatory bail application fearing arrest in a case (PS No. 589 of 2024) alleging assault on an informant's family under multiple sections of the Bihar Negotiable Securities Act. The prosecution contended that the petitioners were involved in the assault and highlighted their prior criminal records. The petitioners claimed innocence, alleged a trivial dispute, and submitted a compromise petition filed in the trial court. The State opposed bail, emphasizing the seriousness of the offences and the petitioners' antecedents. After hearing both sides, the High Court granted anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the existence of prior criminal antecedents and the nature of the alleged offences preclude the grant of bail
- Whether the compromise petition filed in the trial court affects the bail application
Legislation cited
- Bihar Negotiable Securities Act — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- bail bond
- Section 482
- Bihar Negotiable Securities Act
- criminal antecedent
- compromise petition
- assault
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19588 of 2026
Arising Out of PS. Case No.-589 Year-2024 Thana- BASANTPUR District- Siwan
======================================================
1. Nitesh Sah @ Nitish Kumar Son of Mahesh Shah R/O Village - Madarpur,
P.S.- Basantpur, District - Siwan.
2. Jitesh Kumar Son of Mahesh Shah R/O Village - Madarpur, P.S.- Basantpur,
District - Siwan.
3. Vivek Kumar Son of Mahesh Shah R/O Village - Madarpur, P.S.- Basantpur,
District - Siwan.
4. Ravi Kumar @ Ravi Kumar Sah Son of Mahesh Shah R/O Village -
Madarpur, P.S.- Basantpur, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Dilshad Alam, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Basantpur (Nabiganj) P.S. Case No. 589 of 2024 instituted
for the offence under Sections126(2), 115(2), 118(1), 117(2),
109, 329(3), 329(4), 303(2), 351(2), 352 and 3(5) of B.N.S.
3. The case of the prosecution is that the petitioners
along with others have assaulted the family members of the
informant.
Patna High Court CR. MISC. No.19588 of 2026(2) dt.24-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have falsely been implicated in this
case. Learned counsel for the petitioners has submitted that the
petitioners and informant both are agnets. The dispute arises out
of a trivial issue. The nature of allegation is general and
omnibus. It has further been submitted that due to intervention
of well-wishers, the parties have compromised the case and
have also filed a compromise petition in learned trial Court,
copy of which is annexed at Annexure-P/2.
5. Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioners and has
submitted that petitioner nos.1, 2 and 3 are having criminal
antecedent of eight, three and two cases respectively.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Basantpur (Nabiganj) P.S. Case
No. 589 of 2024, they will be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rupees ten thousand) each with two
Patna High Court CR. MISC. No.19588 of 2026(2) dt.24-04-2026
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sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st Class, Siwan, subject to the conditions as laid down
under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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