Patna High Court
Niraj Kumar @ Niraj BarnabalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.