Patna High Court
Nitish Kumar Singh @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the general nature of the allegations and the simple injuries, anticipatory bail was warranted.
Summary
The petitioner, Nitish Kumar Singh, was named in an FIR for assault allegedly committed with the intention to cause death during a dispute over temple construction, and was charged under multiple sections of the Bihar Penal Code. He applied for anticipatory bail, which the trial court denied on the ground of a prior petty theft case, while co‑accused were granted bail. The petitioner argued that the alleged assault was described in a general, omnibus manner and that the injuries were simple, indicating no intent to cause death. The court examined the prima facie allegations and the nature of the injuries, finding them insufficient to infer a lethal intent. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted despite charges of assault with intent to cause death.
- Whether the general nature of the allegations and simple injuries negate the intention to cause death.
- Whether a prior petty theft case constitutes a bar to granting bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- intention to cause death
- criminal antecedent
- bail conditions
- temple construction dispute
- Bihar Penal Code
- Bihar Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36781 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Geedha District- Bhojpur
======================================================
Nitish Kumar Singh @ Nitish Kumar Son of Sanjay Kumar Singh Resident of
Village- Mokhalisha, P.S.- Gidha, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Gidha P.S. Case
No. 54 of 2026 registered for the offences punishable under
Sections 190, 191(2), 126(2), 115(2), 109, 303(2), 352,
351(2) and 3(5) of BNS.
3. As per FIR petitioner alleged to assault
informant and other alongwith co-accused person where it
was alleged that assault was made with an intention to cause
death, where occurrence took place in the background of
dispute arising out of temple construction work in the
locality.
Patna High Court CR. MISC. No.36781 of 2026(2) dt.17-06-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that alleged physical assault as
caused by petitioner appearing very much general and
omnibus in nature, where nature of injury found simple, thus
by sufficient to suggest that petitioner was not under
intention to cause death of the injured person. It is pointed
out that prayer of anticipatory bail was rejected by learned
trial court for the only reason that petitioner has one criminal
antecedent, whereas with same allegation all other co-
accused persons were granted bail by learned trial court.
5. Explaining criminal antecedent, it is submitted
that petitioner found involved in one more criminal case of
petty in nature related with theft, where he is on bail.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie allegation to cause physical
assault is appearing very much general and omnibus in
nature and the nature of injury also found simple,
accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period of
Patna High Court CR. MISC. No.36781 of 2026(2) dt.17-06-2026
3/3
four weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned JM 1st class, Bojpur at Ara /concerned Court, where
the case is pending in connection with Gidha P.S. Case No.
54 of 2026, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.