Patna High Court
Niskarsh Raj @ Nishkarsh Raj @ NishkarshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126(2), 127(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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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