Patna High Court
Nitish Kumar @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court ordered the release of the petitioner on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a case of alleged assault with an iron rod, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the injury to the informant was minor, that he was falsely implicated, and that he has no prior criminal record, noting that a charge‑sheet had already been filed. The State opposed his bail application. After hearing both sides, the court considered the nature of the alleged offence, the petitioner’s custody since 22‑Oct‑2025, and his lack of antecedents. The court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Chief Judicial Magistrate, Chapra. The order was pronounced by Justice Khatim Reza.
Issues considered
- Whether bail should be granted to the petitioner accused of assault under the specified sections of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2195 of 2026
Arising Out of PS. Case No.-1050 Year-2025 Thana- SONEPUR District- Saran
======================================================
Nitish Kumar @ Raja, S/o Dinesh Mahto, R/o Mirjapur, Bharpura, P.S.-
Sonepur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Adv.
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Sonepur P.S. Case No. 1050 of 2025 dated 21.10.2025
registered for the offence punishable under Sections 126(2),
115(2), 109, 103, 303(2), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he
assaulted with iron rod on the head of the informant due to
which he sustained injury.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.2195 of 2026(4) dt.19-03-2026
2/2
this case. It is submitted that the allegation against the
petitioner is that he assaulted with iron rod on the head of
the informant but nature of injury is simple caused by hard
and blunt substance. It is further submitted that both the
parties are neighbours. The petitioner is in custody since
22.10.2025, having no criminal antecedent and charge-sheet
has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
C.J.M, Chapra in connection with Sonepur P.S. Case No.
1050 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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