Patna High Court
Nimod Kumar @ Nimod MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Nimod Kumar and Sanoj Kumar, sought anticipatory bail fearing arrest in a case (Banjariya PS No. 625 of 2025) involving alleged assault, kidnapping, and other offences under the Indian Penal Code. They contended that the allegations against them were vague and that the principal assault was committed by others, noting a prior counter‑case and a compromise over a property dispute. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Negotiable Sale (BNSS) Act, imposing conditions such as bail bonds, sureties, presence at trial, and verification of criminal antecedents. The order clarified that any observations made would not affect the trial, and the application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC and Section 482 BNSS despite the serious nature of the offences alleged.
- Whether the petitioners are falsely implicated and thus eligible for bail.
- What conditions, if any, should be imposed on the anticipatory bail to safeguard the trial process.
Legislation cited
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- false implication
- Indian Penal Code
- bail conditions
- criminal antecedents
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33535 of 2026
Arising Out of PS. Case No.-625 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Nimod Kumar @ Nimod Mukhiya S/o Ram Prasad Mukhiya Resident of
Village - Ajagari Khichariya Tola, P.S. - Banjariya, Dist. - East Champaran.
2. Sanoj Kumar @ Sanoj Mukhiya S/o Ram Prasad Mukhiya Resident of
Village - Ajagari Khichariya Tola, P.S. - Banjariya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Sharad Kumar Verma, Advocate
Mr. Sagar Kumar, Advocate
Mr. Hemant Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State through Virtual Mode.
2. The petitioners apprehend their arrest in connection
with Banjariya P.S. Case No. 625 of 2025 dated 11.12.2025
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 109, 74, 303(2), 352 and 351(2) of the
B.N.S.
3. As per the prosecution case, the informant has
alleged that the petitioners along with others came with lathi and
farsha. It has been alleged that the co-accused Ram Prasad
Mukhiya assaulted the informant with fatta on her head with an
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intention to kill, while Vinod Mukhiya assaulted the informant
with the edge of lathi below her eyes resulting in injury. It has
further been alleged that all the accused persons including the
petitioners dragged the informant on the ground and disrobed
her.
4. The learned counsel for the petitioners submits that
the petitioners have been implicated falsely in the present case
with general and omnibus allegations of dragging the informant
on the ground and tearing her clothes. It has further been
submitted that specific allegation has been levelled against Ram
Prasad Mukhiya and Vinod Mukhiya who are said to have
assaulted the informant. It has further been submitted that for
the same incident, one counter case was lodged on behalf of the
petitioners’ side and later the parties have also compromised in
view of the fact that the incident had occurred on account of a
dispute with regard to a pathway. It has further been submitted
that petitioner no. 1 has two criminal cases against his name in
which he is on bail while the petitioner no. 2 has clean
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the
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case, the petitioners, above named, are directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bonds of Rs. 10,000/-(Rupees Ten
Thousand)each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Banjariya P.S. Case
No. 625 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of BNSS as well as subject to the
following conditions:-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the trial
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
petitioners will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal
antecedents of the petitioners and in case, at any stage, it is
found that the petitioners have concealed their criminal
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antecedents, the trial court shall take necessary steps for
cancellation of bail bonds of the petitioners. 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/Anjali
U T
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