Patna High Court
Nikku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
Petitioner Nikku Kumar sought anticipatory bail in connection with a 2023 FIR alleging assault under IPC sections 341, 323, 307, 504 and 506/34, arising from a land dispute with the informant. The prosecution alleged that the petitioner and co‑accused Anuj Singh assaulted the informant, his wife and son, causing simple injuries. The petitioner argued that the parties are agnates, the co‑accused has already been granted regular bail, the injuries are minor, and a compromise petition has been filed. The State opposed anticipatory bail on the ground of the existence of injury but acknowledged the compromise. The High Court, considering the minor nature of the injuries, the co‑accused’s bail, and the compromise, exercised its power under Section 482(2) of the BNSS to grant anticipatory bail with specific conditions.
Issues considered
- Whether anticipatory bail can be granted despite the existence of simple injuries to the complainant.
- Whether the presence of a compromise between the parties bars the grant of anticipatory bail.
- Whether Section 482(2) of the BNSS empowers the court to issue anticipatory bail in the present circumstances.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- land dispute
- assault
- simple injury
- compromise petition
- Section 482
- Indian Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23749 of 2026
Arising Out of PS. Case No.-541 Year-2023 Thana- FATEHPUR District- Gaya
======================================================
Nikku Kumar S/O Anuj Singh Resident of village- Raghunathpur, PS-
Fatehpur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra,
Mr. Deepak Kumar,
Ms. Isha Mishra, Advocates.
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Fatehpur P.S. Case No. 541 of 2023 for the
offence punishable under sections 341, 323, 307, 504 and
506/34 of the IPC lodged on 21.07.2023 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he along with another accused person,
namely, Anuj Singh assaulted the informant, his wife and son
inflicting injuries upon them. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
both the parties are agnates and there is a land dispute between
the parties. Learned counsel for the petitioner submits that the
allegation of overt-act is against two accused persons while
Patna High Court CR. MISC. No.23749 of 2026(2) dt.16-04-2026
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another accused, namely Anuj Singh has already been extended
privilege of regular bail by the District Court itself as is evident
from the order impugned. Learned counsel further submits that
the injuries, sustained by the informant and his family members,
have been found to be simple in nature. It has next been
submitted that the dispute between the informant and accused
persons has been settled by way of filing a compromise petition
which is available at Annexure P/3.
5. Learned APP opposes the prayer for anticipatory
bail by submitting that since the injury is there, the petitioner
does not deserve the privilege of anticipatory bail. However, he
further concedes that the compromise between the parties has
been entered into.
6. Considering the nature of injury being simple, co-
accused has been granted regular bail by the learned Trial Court
itself and there has been compromise between the parties, this
Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.23749 of 2026(2) dt.16-04-2026
3/3
Gaya in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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