Patna High Court
Nitish Kumar @ Nitish CheroversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, considering the petitioner’s clean antecedent and the circumstances of the case, anticipatory bail should be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case (Bhagwanpur P.S. Case No.23 of 2026) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault with weapons. The prosecution’s informant claimed the petitioner and a co‑accused attacked her, while the petitioner’s counsel argued his innocence, highlighted a three‑day delay in filing the FIR, and emphasized his clean antecedent. The State opposed the bail. After considering the nature of the allegations, the delay, and the petitioner’s background, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023. The bail is to be granted if the petitioner surrenders within six weeks to the Additional Chief Judicial Magistrate, Kaimur. The order reflects the Court’s discretion to prevent undue hardship while ensuring the investigation proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the allegations.
- Whether the three‑day delay in lodging the FIR and the petitioner’s clean antecedent justify the grant of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- delay in FIR
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31128 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
Nitish Kumar @ Nitish Chero S/o Ganga Chero, R/o Village- Bajardihwa,
P.S.- Bhagwanpur, Distt.- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bhagwanpur P.S. Case No.23 of 2026 instituted under
Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) & 3(5) of
the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that when she was at her door, in the meantime
petitioner alongwith co-accused Vikash Chero having armed
with various weapons came at her door and started abusing and
assaulting causing injury to her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that there is delay of 3 days in lodging
the F.I.R. without any plausible explanation. Learned counsel
submits that both the parties are gotiya and a free fight takes
place between the parties due to which there is case and counter
Patna High Court CR. MISC. No.31128 of 2026(2) dt.07-05-2026
2/2
case between them. He further submits that the injury to the
injured is simple in nature. Learned counsel submits that
petitioner is a young boy of 24 years, having got clean
antecedent and he undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioner as well as his clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
1st, Kaimur at Bhabua/ concerned Court in connection with
Bhagwanpur P.S. Case No.23 of 2026, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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