Patna High Court
Niranjan Gupta @ Niranjan Kumar @ Ritesh Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Niranjan Gupta, was arrested on 3 November 2025 in connection with an assault case (Suryapura PS Case No. 144 of 2025) involving offences under the BNS, 2023. The prosecution alleged that the petitioner, along with others, assaulted an informant and his family, causing injuries. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the incident was a mutual dispute with no intent to kill. The court noted that co‑accused had already been granted anticipatory bail and that the petitioner’s clean record and the case‑counter‑case scenario warranted relief. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the BNS, 2023.
- Whether the petitioner’s clean antecedent and the existence of a case‑counter‑case justify the grant of bail.
- Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 351(2), 352
Subjects
- bail
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- case and counter case
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3798 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Niranjan Gupta @ Niranjan Kumar @ Ritesh Kumar Gupta Son of Anil Sah
@ Anil Kumar Gupta Resident of Village - Dhodhandih, Police Station -
Surajpura, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Raghunandan Kumar Singh, learned
counsel for the petitioner and Mr. Surendra Kumar, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
03.11.2025 in connection with Suryapura P.S. Case No. 144 of
2025, F.I.R. dated 01.05.2025 for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 351(2), 352
of the BNS, 2023.
3. According to prosecution case, the petitioner along
with other accused persons are said to have assaulted the
informant and his family members due to which they became
injured.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Learned counsel further submits
that although the petitioner is named in the FIR but it appears
from the FIR itself that due to some petty dispute, the present
Patna High Court CR. MISC. No.3798 of 2026(2) dt.30-01-2026
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occurrence has taken place, there is case and counter case and
both sides have received injuries and there was no intention to
kill anyone. The specific allegation against the petitioner as
alleged in the FIR is that he has assaulted to one Manish Kumar
by means of lathi on his head and he has received the injury.
Other accused persons have assaulted the other family members
of the informant and similarly situated co-accused persons,
namely, Ramesh Sah @ Rameshwar Sah and others have been
granted privilege of anticipatory bail by this Court vide order
dated 09.09.2025 passed in Cr. Misc. No. 61963 of 2025. He
further submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 03.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent, there is
case and counter case between the parties and other co-accused
persons have been granted privilege of anticipatory bail by this
Court, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.3798 of 2026(2) dt.30-01-2026
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Additional Chief Judicial Magistrate-1, Bikramganj, Rohtas in
connection with Suryapura P.S. Case No. 144 of 2025, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that 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 bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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