Nitish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32284 of 2026
                      Arising Out of PS. Case No.-481 Year-2025 Thana- DHANARUA District- Patna
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                 Nitish Kumar Son of Late Madan Bind Resident of village - Ramjani Chak,
                 Police Station - Dhanarua, District - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kumar
                 For the Opposite Party/s :      Ms. Gulnar Begum
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                          Heard Mr. Vijay Kumar, learned counsel for the

                   petitioner and Ms. Gulnar Begum, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.02.2026 in connection with Dhanarua P.S. Case No. 481 of

                   2025 for the offences punishable under Sections 109(1), 103(2)

                   and 3(5) of the BNS.

                               3.     The case of the prosecution, in brief, is that

                   informant Mithlesh Kumar, wherein prosecution story, in short,

                   besides the ancillary fact is that on 01.08.2025, 1. Nitish Kumar

                   2. Brajesh Kumar came over motorcycle and removed his cattle

                   and destroyed the cattle feeding container upon which his father

                   resisted and on same day at 06.00 PM, in pre-planned manner 1.

                   Nitish Kumar 2. Brajesh Kumar 3. Rajju Bind 4. Satrohan Bind
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          5. Madan Bind 6. Satyendra Bind 7. Abat Kumar, all of them

          attacked at his house and started assaulting his father with legs

          and fists and dragged him out from house and thereafter they

          indiscriminately slammed bricks, boulders, stones upon his

          chest due to which he started bleeding from his mouth and again

          Nitish Kumar as well as Brajesh Kumar slammed boulder on his

          chest due to which bleeding started profusely and he was taken

          to PHC Dhanarua with help of villagers from where he was

          referred to PMCH but he died at PMCH during treatment.

                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          further submitted that the allegation as alleged in the FIR is

          forged and fabricated and the petitioner has not committed any

          offence. It is next submitted that it appears from the FIR that the

          petitioner is named in the FIR but there is no specific allegation

          of assault or overt act against the petitioner rather the allegations

          are general and omnibus in nature against all the accused

          persons including the petitioner. It is also submitted that as per

          the allegation as alleged in the FIR it appears that the petitioner

          and the co-accused persons have assaulted the father of the

          informant on his chest but the postmortem report of the

          deceased does not support the allegation as alleged in the FIR
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          that the petitioner and co-accused persons have assaulted on the

          chest of the father of the informant. Learned counsel for the

          petitioner next submits that the date of occurrence as per the

          FIR is 01.08.2025, fardbeyan has been recorded on 03.08.2025

          and FIR has been instituted on 07.08.2025 i.e., after a delay of

          six days. It is next submitted that the co-accused person, namely,

          Brajesh Kumar Bind has been granted bail by a Coordinate

          Bench of this Court vide order dated 31.01.2026 passed in Cr.

          Misc. No. 82724 of 2025. Learned counsel for the petitioner

          submits that police after investigation has submitted charge-

          sheet and petitioner is in custody since 20.02.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has participated in the present crime in

          question and petitioner has antecedent of one case other than the

          present case but fairly submits petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned SDJM,

          Masaurhi, Patna in connection with Dhanarua P.S. Case No. 481
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                     of 2025 subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T