Patna High Court
Nitu Kumari @ Nitu DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to surrender within four weeks and a bail bond of Rs 10,000 with two sureties, under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Nitu Kumari and Ankit Kumar, applied for anticipatory bail fearing arrest in a criminal case (Wazirganj P.S. Case No. 290 of 2025) under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that they had taken Rs 4 lakh from Kunal Kumar over a land dispute and were involved in a violent incident where the informant’s brother and father were shot dead. The petitioners contended that the FIR specifically implicates only Nitish Kumar, not them, and that they have no criminal antecedents. The informant opposed the bail. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the allegations against them.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3
- Section 482
- land dispute
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3292 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
1. Nitu Kumari @ Nitu Devi W/o Akhilesh Kumar @ Guddu Singh Resident of
Village- Dakhingaon, P.S.- Wazirganj, District- Gaya, Bihar
2. Ankit Kumar S/o Akhilesh Kumar @ Guddu Singh Resident of Village-
Dakhingaon, P.S.- Wazirganj, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Praveen Kumar, Advocate
Ms. Anju Kumari Sinha, Advocate
For the State : Mr. Nagendra Prasad, APP
For the Informant : Mr. Rahul Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 26-02-2026 Heard learned Senior counsel for the petitioners,
learned APP for the State and learned counsel for the Informant.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Wazirganj P.S. Case No. 290 of 2025 instituted
for the offence under Sections 103(1) & 3(5) of the Bharatiya
Nyaya Sanhita (in short ‘BNS’).
3. The case of the prosecution, in short, is that the
petitioners along with others have taken Rupees Four lakh from
Kunal Kumar due to some land dispute and started threatening
on demand of the cash. It is further alleged that the brother of
Patna High Court CR. MISC. No.3292 of 2026(3) dt.26-02-2026
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the informant, namely, Kunal Kumar was called out of the house
and Nitish Kumar in connivance with two unknown persons,
first of all fired at the brother of the informant and after that at
his father. Both of them succumbed to the injuries.
4. Learned Senior counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned Senior counsel for the petitioners has further
submitted that from perusal of the FIR itself it is clear that there
is direct allegation against Nitish Kumar of firing. There is no
any allegation against these petitioners. They are only raised as
accused. Learned Senior counsel for the petitioners has further
submitted that the petitioners are having no criminal antecedent.
5. Learned counsel for the Informant has vehemently
opposed the bail to the petitioners.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Wazirganj P.S. Case No. 290 of
2025, they will be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.3292 of 2026(3) dt.26-02-2026
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Rs. 10,000/- (Rupees ten thousand) each of them with two
sureties of the like amount each to the satisfaction of learned
Additional District and Sessions Judge-Xth, Gaya Jee, subject to
the conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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