Nitish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39311 of 2026
                 Arising Out of PS. Case No.-100 Year-2025 Thana- NAYA RAM NAGAR District- Munger
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                 Nitish Kumar S/o Ram Bilash Yadav @ Pappu Yadav R/o Village -
                 Kalarampur, P.S.- Nayaram Nagar, District - Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Jyoti Ranjan Jha, Adv.
                 For the Opposite Party/s :     Mr.Umesh Lal Verma, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                    ORAL ORDER

2   17-06-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Naya Ramnagar P.S. Case No. 100 of 2025 dated

                   12.11.2025 registered for the offence punishable under Section/s

                   115(2), 126(2), 74, 109, 303(2), 351(2), 352, 3(5) of the B.N.S.,

                   2023.

                           3. The prosecution case, in short, is that on 07.11.2025,

                   during a dispute over possession of land, the accused persons

                   assaulted the informant, her husband, and her son with an iron

                   rod and sticks, causing injuries. It is further alleged that one

                   Nitish Kumar outraged the informant’s modesty by tearing her

                   blouse and that cash worth about Rs. 25,000 was also taken away.
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                  4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence as alleged

          in the F.I.R. It is next submitted that there is a case and counter

          case between the parties for the same and similar incident in

          which both the parties have sustained injuries. It is next

          submitted that even the allegation of outraging the modesty has

          also been alleged by both the sides. It is further submitted that

          there is no allegation of assault against the petitioner while the

          petitioner bears clean antecedent. It is next submitted that five

          co-accused persons have already been granted privilege of

          anticipatory bail vide order dated 16.04.2026 passed by a Co-

          ordinate Bench of this Court in Cr. Misc. No. 22877 of 2026.

                  5. Learned APP for the State oppose the prayer for grant

          of anticipatory bail. Ms. Nidhi Suman, learned counsel

          appearing on behalf of the Informant, also opposes the prayer

          for anticipatory bail of the petitioner by contending that there is

          a direct allegation against the petitioner of outraging the

          modesty of the Informant.

                  6. Having heard learned counsel for the parties and

          considering the fact that there is a case and counter case

          between the parties and the allegation of overt act is not against

          the petitioner and, as also, the fact that the co-accused have
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          already been granted privilege of anticipatory bail by a Co-

          ordinate Bench of this Court, let the petitioner, above named, be

          released on anticipatory bail in the event of his arrest or

          surrender before the court below within a period of six weeks

          from today on furnishing bail bond of Rs. 10,000/- (rupees ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, Munger in

          connection with Naya Ramnagar P.S. Case No. 100 of 2025,

          subject to the condition as laid down under Section 482(2) of

          the B.N.S.S. as well as the following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail

          bond by the Trial Court itself;

                  (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                  (iv) the petitioner(s) shall desist from committing any
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                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T