Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to a monetary bond, sureties, and specific conditions of appearance and non‑interference with evidence.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a case alleging assault with a lathi and iron rod, resulting in injuries to an informant and two others, under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that the accused participated in the assault on 9 October 2025, while the petitioner’s counsel argued that he was falsely implicated, with no specific overt act attributed to him except an alleged assault on Ranjit Malakar. The petitioner had been in custody since 12 September 2025 and claimed no prior criminal record. The State opposed bail, citing the seriousness of the offences. After considering the circumstances, the court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and family suretyship. The bail was ordered subject to these conditions, and the petitioner was to be released after framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s alleged involvement is sufficiently specific to justify continued detention
- Whether the conditions imposed are adequate to ensure the petitioner’s compliance and prevent tampering with evidence
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- bail
- assault
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- sureties
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4338 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- DHANARUA District- Patna
======================================================
Nitish Kumar S/o Manoj Malakar R/o Village- Pabhira, P.S- Dhanarua, Dist-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dhanarua P.S. Case No. 554 of 2025 instituted for the offences
under Sections 126(2), 115(2), 109(1), 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 09.10.2025 at
about 7:30 p.m., the accused persons assaulted the informant
with lathi and iron rod, causing injuries, and also assaulted
Ranjit Malakar and Rani Devi when they intervened.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.4338 of 2026(2) dt.02-02-2026
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omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The only
specific allegation against the petitioner is that he along with
one Akash Kumar assaulted on the head of one Ranjeet Malakar
with iron rod who sustained grievous injury. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 12.09.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhanarua P.S. Case
No. 554 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses or threaten the informant or his family members, in
that case, the prosecution will be at liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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