Nitish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33552 of 2026
                          Arising Out of PS. Case No.-189 Year-2018 Thana- ATRI District- Gaya
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           1.     Nitish Kumar S/o- Sunil Yadav R/v- Raghunathpur Ps- Atri Dist- Gaya
           2.    Lallu Kumar @ Hirday Kumar S/o- Sunil Kumar @ Sunil Yadav R/v-
                 Raghunathpur Ps- Atri Dist- Gaya
           3.    Shashi Kumar S/o- Sunil Kumar @ Sunil Yadav R/v- Raghunathpur Ps- Atri
                 Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sheikh Arkan Ahmad, Adv.
                 For the Opposite Party/s :       Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   19-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State through Virtual

                   Mode.

                                2. The petitioners apprehend their arrest in connection

                   with Atri P.S. Case No. 189 of 2018 dated 16.06.2018 registered

                   for the offences punishable under Sections 341, 323, 308, 504

                   and 34 of the Indian Penal Code.

                                3. The allegation against the petitioners is that they

                   assaulted the informant while he was engaged in construction

                   work at his new house. It is specifically alleged that the

                   petitioner no. 1 assaulted the son of the informant with lathi,

                   causing fracture injuries.
Patna High Court CR. MISC. No.33552 of 2026(2) dt.19-05-2026
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                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated in the present case

          and that the allegations are general and omnibus in nature. It has

          further been submitted that the specific allegations against

          Nirjay Kumar of assaulting the informant with lathi on the head

          and against Nitish Kumar of assaulting the son of the informant

          with lathi are not substantiated by the nature of injuries

          sustained. It has lastly been submitted that all the petitioners

          carry only one criminal antecedent.

                       5. The learned A.P.P. for the State, at the outset,

          submits that the case is of the year 2018 and that the petitioners

          had earlier approached for grant of anticipatory bail after six

          years before the Court of the learned District and Sessions

          Judge, Gaya in the year 2024. It has further been submitted by

          the learned A.P.P. for the State that the said application was

          dismissed on 25.09.2025 and thereafter the present application

          has been filed after almost eight months and therefore, on this

          ground alone, the anticipatory bail application of the petitioners

          should not be entertained.

                       6. Considering the aforesaid submissions made by the

          learned counsel for the parties, I am not inclined to grant

          anticipatory bail to the petitioners, the petitioners are directed to

          surrender before the Court below concerned within four weeks
           Patna High Court CR. MISC. No.33552 of 2026(2) dt.19-05-2026
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                     from the date of this order and pray for regular bail, the learned

                     Court below may consider the prayer for regular bail of the

                     petitioners on its own merits without being prejudiced by this

                     order.

                                  7. The application stands dismissed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T