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Patna High Court

Niskarsh Raj @ Nishkarsh Raj @ NishkarshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, finding insufficient material to justify his arrest.

Summary

The petitioner, Niskarsh Raj, sought anticipatory bail in connection with FIR No. 19 of 2026 filed under several offences of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that a group of accused, including the petitioner’s brother, assaulted the informant’s son and stole a golden chain, but made only a general allegation against the petitioner. The petitioner argued he had no direct involvement, no overt act, and was implicated solely due to his brother’s involvement. The State opposed bail but conceded that the FIR lacked specific material against the petitioner. The Court, noting the absence of concrete evidence linking the petitioner to the alleged offences, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only a general allegation against the petitioner and no specific material linking him to the offences.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • FIR
  • bail bond
  • section 482
  • section 2(1)(d)
  • offence allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30176 of 2026
                   Arising Out of PS. Case No.-19 Year-2026 Thana- SHRIKRISHNAPURI District- Patna
                 ======================================================
                 Niskarsh Raj @ Nishkarsh Raj @ Nishkarsh S/o- Raj Kumar Resident of
                 L1/47, Shri Krishna Puri, PS - Shri Krishna Puri, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brisketu Sharan Pandey, Adv.
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with S.K. Puri P.S. Case No. 19 of 2026 lodged on 17.01.2026,

                   for the offence punishable under Sections 109, 115(2), 118,

                   126(2), 127(2), 303(2), 352, 351(2) & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioner and

                   some unknown persons. It has been alleged that when the

                   informant’s son was playing badminton, then in the meantime,

                   one co-accused person namely, Ratan Tara started making

                   personal comment, due to which, scuffling took place and he
Patna High Court CR. MISC. No.30176 of 2026(2) dt.07-05-2026
                                            2/3




          also snatched one golden chain from the informant’s son.

          Thereafter, when the informant went to the house of that co-

          accused person, then all the accused persons came and assaulted

          the informant’s son and also threatened on gun point due to

          which he become unconscious and fell down and subsequently,

          referred to the hospital.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that in the entire FIR, there is general and omnibus

          allegation against the petitioner. He submits that there is neither

          any act or overt act against the petitioner. He further submits

          that the petitioner has clean antecedent and he has been made

          accused in this case only due to the reason that he is the brother

          of said co-accused person.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that from the bare

          reading of the FIR, it transpires that there is no material against

          the present petitioner.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing
             Patna High Court CR. MISC. No.30176 of 2026(2) dt.07-05-2026
                                                         3/3




                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of S.D.J.M., Patna, in connection with S.K. Puri P.S.

                       Case No. 19 of 2026, subject to the conditions as laid down U/s

                       482(2) of the B.N.S.S., 2023.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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