Patna High Court
Nirajal Kumar @ Nirjal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed anticipatory bail to the petitioners, subject to conditions, under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, four residents of Kosama village, sought anticipatory bail fearing arrest in connection with a criminal case (PS No.287 of 2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault and attempt to outrage modesty. The prosecution’s informant claimed that two other individuals, Raju and Rahul Bharti, assaulted him and that the petitioners later entered his house, where Rahul allegedly inflicted a head injury with an iron rod and attempted to outrage his daughter. The petitioners contended that they were falsely implicated, that the allegations were vague and directed only at the Bhartis, and that they have a clean antecedent. The court examined the submissions and, applying Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita, granted anticipatory bail subject to strict conditions, including surety bonds and personal appearance in court. The order emphasized that the bail conditions are not to delay verification of antecedents and that any observations made are not binding during trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the allegations made in the FIR.
- Whether the allegations against the petitioners are sufficient to deny bail under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or committing similar offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 333, 351(2), 352, 482(2), 74
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- false implication
- bail conditions
- assault
- attempt to outrage modesty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33573 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Nirajal Kumar @ Nirjal Kumar, S/o Nanhu Bharti @ Nanu Bhuiyan R/o
Vill. - Kosama, P.S. - Imamganj, Dist. - Gaya.
2. Nitish Kumar, S/o Nanhu Bharti @ Nanu Bhuiyan R/o Vill. - Kosama, P.S. -
Imamganj, Dist. - Gaya.
3. Niranjan Kumar, S/o Naresh Bharti R/o Vill. - Kosama, P.S. - Imamganj,
Dist. - Gaya.
4. Kundan Bharti @ Kundan Kumar, S/o Basant Bharti R/o Vill. - Kosama, P.S.
- Imamganj, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual mode.
2. Petitioners apprehend their arrest in connection
with Imamganj P.S. Case No.287 of 2025 registered for the
offences under Sections 191(2), 190, 126(2), 115(2), 118(1),
109, 74, 333, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that while he was returning home after purchasing
household articles, the accused Raju Bharti and Rahul Bharti,
who were in an inebriated condition, started abusing him. It is
Patna High Court CR. MISC. No.33573 of 2026(2) dt.19-05-2026
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alleged that thereafter, the informant came to his house and
subsequently, the petitioners along with others entered the house
of the informant and it is alleged that Rahul Bharti gave an iron
rod blow, causing a fracture on his head and he also tried to
outrage the modesty of his daugther.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case in a
concocted story and no such incident as alleged had occurred. It
has further been submitted that the allegations upon the
petitioners are general and omnibus in nature and no specific
overt act has been lodged against the petitioners, rather, the
same has been lodged against one Rahul Bharti and Raju Bharti.
It has been pointed out that even the injuries were found to be
simple in nature. It has lastly been submitted that petitioners
have clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
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bonds of Rs.10,000/-(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
Imamganj P.S. Case No.287 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 B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond 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. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/ayushkr-
U T
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