Patna High Court

Bahira @ Nitesh KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioners subject to bond and attendance conditions.

Summary

The petitioners, Bahira @ Nitesh Kumar and three co‑accused, were arrested in connection with a case registered on 1 January 2026 for offences under several sections of the B.N.S., including assault and other serious crimes. They applied for bail, claiming innocence, lack of any criminal antecedent, and noting that other co‑accused had already been released on bail by a coordinate bench. The State opposed the bail application. The Court, considering the petitioners’ clean record, the precedent of bail granted to co‑accused, and after directing verification of any other pending cases, allowed the bail with a bond of Rs 10,000 and two sureties, subject to monthly police‑station attendance. The order also stipulated cancellation of bail if the petitioners fail to appear or are found involved in other cases.

Issues considered

Whether bail should be granted to the petitioners charged under Sections 126(2), 1159(2), 117(2), 109, 303(2), 74, 351(2), 352 read with Section 3(5) of the B.N.S. given their claim of innocence and clean antecedent.

Legislation cited

B.N.S. — s. 109, 1159(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

bail
criminal procedure
antecedent verification
attendance condition
B.N.S.
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20124 of 2026
                        Arising Out of PS. Case No.-1 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
           1.     Bahira @ Nitesh Kumar S/O Rambilas @ Rambriaksh Bhuiya R/O Village-
                  Baudhi Kalan, P.O and P.S- Rajauli, Distt.- Nawada.
           2.    Amit Kumar S/O Rambilas @ Rambriaksh Bhuiya R/O Village- Baudhi
                 Kalan, P.O and P.S- Rajauli, Distt.- Nawada.
           3.    Raju Bhuiyan S/O Babulal Bhuiyan R/O Village- Baudhi Kalan, P.O and
                 P.S- Rajauli, Distt.- Nawada.
           4.    Raushan Kumar @ Raushan Bhuiyan S/O Raju Bhuiyan R/O Village-
                 Baudhi Kalan, P.O and P.S- Rajauli, Distt.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivek Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seeks bail in connection with

                   Rajauli P.S. Case No. 01/2026 dated 01.01.2026 for the offences

                   punishable under Section 126(2), 11592), 117(2), 109, 303(2),

                   74, 351(2), 352 read with Section 3(5) of the B.N.S.

                                3. As per the prosecution case, the petitioners and the

                   co-accused persons are said to have assaulted the victim causing

                   injury.

                                4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.20124 of 2026(2) dt.01-04-2026
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          petitioners are innocent and has falsely been implicated in this

          case and he is in custody since 03.01.2026 and have no criminal

          antecedent. The co-accused persons have been granted bail by

          the co-ordinate bench of this Court vide order dated 24.03.2026

          passed in Cr. Misc. No. 18551/2026.

                       5. Learned APP appearing for the State opposed the

          prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and the fact that the

          co-accused person has been granted bail by the co-ordinate

          bench of this court, this application is allowed.

                       7. 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 the learned C.J.M, Nawada in connection with Rajauli P.S.

          Case No. 01/2026.

                       As a condition of this order, the petitioners after being

          released on bail are directed to mark his attendance at Rajauli

          Police Station on first Sunday of each month. Any default in

          appearance at the police station will result in cancellation of bail

          bonds of the petitioners.

                       As the petitioners claims to have clean antecedent, the

          Court below, before accepting the bail bonds of the petitioners is
             Patna High Court CR. MISC. No.20124 of 2026(2) dt.01-04-2026
                                                         3/3




                       directed to verify the antecedent of the petitioners. If the

                       petitioners are found to be involved in any other case then the

                       bail bonds of the petitioners shall not be accepted.



                                                  (Sandeep Kumar, J)
atul/-

U        T

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