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Patna High Court

Nilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner under section 482(2) of the BNS.

Summary

The petitioner, Nilesh Kumar, was implicated in a FIR alleging multiple offences including assault, robbery, forgery and misappropriation of large sums of money under various sections of the Bharatiya Nagarik Suraksha Sanhita (BNS). He contended that he was innocent, that the allegations of assault were vague, and that the other charges were merely ornamental, emphasizing his clean antecedent. The State opposed his bail application. The Court considered the petitioner’s clean record, the nature of the allegations, and the statutory provisions governing bail. Relying on section 482(2) of the BNS, the Court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions. Consequently, the petitioner was released on bail pending further trial.

Issues considered

  • Whether bail should be granted to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • section 482
  • clean antecedent
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3951 of 2026
                     Arising Out of PS. Case No.-531 Year-2025 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Nilesh Kumar S/o Dinesh Singh @ Dinesh Sharma R/o Village- Dwarika

                 Bigha, P.S- Harnaut, Dist- Nalanda.



                                                                                 ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr. Arun Kumar Arun, Advocate

                                                 Mr. Anil Kumar , Advocate

                                                 Mr. Karamchand Kumar , Advocate

                                                 Mr. Ram Naresh Singh, Advocate

                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections                 126 (2), 115(2),

                   117(2), 318(4), 336(3), 338, 340(2), 303(2), 352, 351(2) and

                   3(5) of BNS.

                                 3 . As per F.I.R. allegation levelled against this
Patna High Court CR. MISC. No.3951 of 2026(2) dt.02-02-2026
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          petitioner is that he along with other co-accused persons

          assaulted informant and snatched gold chain and took Rs.

          50,000/- from the pocket of uncle of informant and co-accused

          Rahul Kumar and this petitioner snatched gold locket of

          Bajrangbali of one bhar and Rs. 10,000/- from informant. It is

          further alleged that accused persons in connivance with each

          other used to create forged bill of several contractors and took

          forged signature of uncle of informant and misappropriated

          huge amount about Rs. 20 crore . It is further alleged that by

          keeping in dark , the concerned, DPO and BEO, co-accused

          Mantu Singh received the money of about Rs. 20 crore on the

          basis of forged bill.

                       4. It is submitted on behalf of the petitioners that

          petitioner is innocent and has committed no offence as alleged.

          Allegation of assault is general and omnibus against this

          petitioner. Petitioner has got no concern with the alleged

          occurrence . Rest of the allegations are ornamental in nature to

          make the case grave . Petitioner claims clean antecedent.

                       5 . Learned counsel for the State opposed the bail

          petition .

                        6 Considering the aforesaid facts, clean antecedent of

          the petitioner and other circumstances of the case , in the event
            Patna High Court CR. MISC. No.3951 of 2026(2) dt.02-02-2026
                                                        3/3




                      of arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged 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 Judicial

                      Magistrate 1st Class XIV Patna in connection with Kadamkuan

                      P.S. Case No. 531 of 2025 , subject to the conditions laid

                      down under section 482(2) of the              Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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