Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to both petitioners subject to a bond and conditions under section 482(2) of the BNSS.
Summary
The petitioners, Nitish Kumar and Jawahar Prasad, filed a bail application fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for assault and related offences. The FIR alleged that petitioner No.1 assaulted the head of the informant’s husband, while petitioner No.2 was alleged to be the mastermind. The State opposed the bail, citing the seriousness of the charges. The Court examined the nature of the injury, which was described as simple, the existence of a counter‑case, and other surrounding circumstances. Considering these factors, the Court ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order was conditioned on surrender within eight weeks and compliance with the stipulated terms.
Issues considered
- Whether bail should be granted to the petitioners despite the gravity of the offences listed under the BNSS.
- Whether the conditions prescribed under section 482(2) of the BNSS are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(1), 303(2), 308(3), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- BNSS
- section 126
- section 115
- section 303
- section 308
- section 352
- section 351
- section 3
- section 482
- assault
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30077 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- KAKO District- Jehanabad
======================================================
1. Nitish Kumar S/O Jawahar Yadav @ Jawahar Prasad R/O Village - Krishna
Bigha, P.S- Kako (Bhelawar), Distt.- Jehanabad
2. Jawahar Prasad @ Jawahar Yadav Son late Ramswaroop Yadav @
Ramswaroop Prasad Resident of village - Krishna Bigha P.S.-
Kako(Bhelawar), District- Jehnanabad
... ... Petitioner/s
Versus
The State of Bihar patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Paras Nath
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(1),
Kako 115(2), 109,74,303(2),308(3),352,351(2) &3(5) of B.N.S.,
3 . As per F.I.R. petitioner no. 1 assaulted on the
head of husband of informant and petitioner no. 2 is only
alleged to be order giver. Case and counter case. Injury
sustained by the injured is simple in nature.
4. Learned counsel for the State oppose the bail
petition .
5. Considering the nature of injury, case and counter
Patna High Court CR. MISC. No.30077 of 2026(2) dt.11-05-2026
2/2
case between the parties and other circumstances of the case , in
the event of arrest or surrender within eight weeks from today,
let the petitioners, as named above, be enlarged 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
Sub-Divisional Judicial Magistrate, Jehanabad in connection
with 126(1), Kako 115(2), 109,74,303(2),308(3),352,351(2)
&3(5) of B.N.S., Kako (Bhelawr) P.S. Case No. 40 of 2026 ,
subject to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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