Patna High Court
Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 117(2), 126(2), 303(2), 318(4), 336(3), 338, 340(2), 3(5), 351(2), 352, 482(2)
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
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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
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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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