Created by Fuzzy Cloud

Patna High Court

Niraj Kumar @ Niraj BarnabalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, exercising its inherent powers under Section 482 of the BNSS.

Summary

The petitioner, Niraj Kumar, was named in a case alleging offences under multiple sections of the Bharatiya Nyaya Sanhita relating to a land dispute, ransom demand and demolition of a house with a JCB. He applied for anticipatory bail, claiming that the allegations against him were false, vague and concoced by the informant to facilitate an illegal land grab. The prosecution opposed the bail, contending that the petitioner was implicated in serious offences and had undisclosed criminal antecedents. The court noted that while the petitioner's initial bail application omitted his prior convictions, a supplementary affidavit later disclosed two criminal antecedents. Balancing the lack of specific incriminating material against the petitioner with the seriousness of the charges, the court exercised its inherent powers under Section 482 of the BNSS to grant bail, subject to stringent conditions. The order directed the petitioner to surrender within four weeks, furnish bail bonds, and comply with reporting requirements to the Superintendent of Police.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita given the nature of the allegations?
  • Does the petitioner’s failure to initially disclose his criminal antecedents affect the grant of bail?

Legislation cited

  • Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 190, 191(2), 191(3), 303(2), 308(2), 308(5), 324(4), 329(5), 3(5), 351(2), 352, 482, 76

Subjects

  • anticipatory bail
  • bail conditions
  • false implication
  • land dispute
  • criminal antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33444 of 2026
                       Arising Out of PS. Case No.-39 Year-2026 Thana- Charkapathar District- Jamui
                 ======================================================
                 Niraj Kumar @ Niraj Barnabal S/o Munna Barnwal @ Muneshwar Barnbal
                 R/o Bichachhagarh, P.s.- Charkapathar, Distt.- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mohit Raj, Advocate
                 For the Opposite Party/s :         Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in connection with Charkapathar P.S. Case No. 39 of 2026,

                   instituted for the offences punishable under Sections 190,

                   191(2), 191(3), 115(2), 126(2), 76, 324(4), 329(5), 308(5),

                   308(2), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per the prosecution case, the informant has

                   alleged that all the eleven (11) named accused persons came to

                   the lands of the informant and they all started abusing. It is

                   further alleged that three (3) of the accused persons namely;

                   Munna Barnwal, Dheeraj Barnwal and Kailu Yadav demanded

                   ransom and thereafter a JCB was called and they all got the
Patna High Court CR. MISC. No.33444 of 2026(3) dt.21-05-2026
                                            2/4




          house of the informant, which was standing on the land,

          demolished through the JCB.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case with a

          general and omnibus allegation. It has been pointed out that

          barring a reference of his name, there is no specific allegation of

          any overt act against the petitioner and the present case is false

          and concocted one lodged by the informant, who have forcefully

          captured the land of the petitioner and others and when they

          were about to evict, this false and concocted case has been

          lodged.

                       5. It has further been submitted that though

          inadvertently no criminal antecedent has been indicated in the

          main bail application, however, subsequently the said error was

          rectified by filing the supplementary affidavit, wherein it has

          been disclosed that the petitioner carries two criminal

          antecedents.

                       6. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail.

                       7. Considering the facts aforesaid, the petitioners is

          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.33444 of 2026(3) dt.21-05-2026
                                            3/4




          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate,

          Jamui in connection with Charkapathar P.S. Case No. 39 of

          2026, subject to the conditions as laid down under Section 482

          of the BNSS and subject to the following conditions:-

                                                                (i) One of the bailors will
                                                   be a close relative of the petitioner
                                                   and the other shall be a local resident;
                                                                (ii) the petitioner will
                                                   remain present on each and every
                                                   date fixed by the Court below, if so
                                                   required by the learned Trial Court
                                                   and shall         cooperate     in the
                                                   investigation;
                                                                (iii) in case of absence on
                                                   two consecutive dates or in violation
                                                   of the terms of the bail, the bail bonds
                                                   of the petitioner will liable to be
                                                   cancelled by the Court concerned;
                                                                (iv) 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 bonds of the
                                                   petitioner. However, the acceptance
                                                   of bail bonds in terms of the above
                                                   mentioned order shall not be delayed
                                                   for purpose of the same on in the
                                                   name of verification.
                                                                (vi)      in view of the
                                                   antecedents of the petitioner, the
                                                   petitioner is directed to appear before
                                                   the     Superintendent       of    Police
                                                   concerned within fifteen days of his
                                                   release with a copy of this order and
                                                   every two weeks thereafter for the
                                                   next nine months. The conduct of the
                                                   petitioner will be kept under watch in
                                                   this period by the Superintendent of
            Patna High Court CR. MISC. No.33444 of 2026(3) dt.21-05-2026
                                                        4/4




                                                               Police concerned and if it is found
                                                               wanting in any respect, a report shall
                                                               be made to the court concerned by
                                                               him to initiate a proceeding for
                                                               cancellation of bail for reasons of
                                                               misuse of bail. After reporting to the
                                                               Superintendent of Police, a certificate
                                                               will be filed by the petitioner before
                                                               the court concerned.

                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.