Patna High Court
Nishant Kumar @ Nidhi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court allowed the bail applications, granting regular bail to both petitioners subject to prescribed conditions.
Summary
The petitioners, Nishant Kumar and Mithun Kumar, were arrested in connection with an assault on an informant and his wife under sections 191(2), 126(2), 115(2), 75 and 109(1) of the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations were vague, they were falsely implicated, and that co‑accused had already been granted anticipatory bail. The prosecution opposed the bail applications. The High Court examined the facts, noted the lack of specific incriminating material against the petitioners and the existence of anticipatory bail for other accused, and ordered that both petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties and compliance with several conditions, including cooperation with the trial and non‑tampering with evidence. The bail was granted subject to these conditions.
Issues considered
- Whether regular bail should be granted to the petitioners despite the charges under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether the anticipatory bail granted to co‑accused influences the grant of regular bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 75
Subjects
- regular bail
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4572 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- TANDWA District- Aurangabad
======================================================
Nishant Kumar @ Nidhi Kumar S/O Anil Kumar Paswan Resident of Village-
Jhalubari, P.S- Tandwa, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 5298 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- TANDWA District- Aurangabad
======================================================
Mithun Kumar Son of Upendra Singh R/o Village - Duari, P.S. - Tandwa,
Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 4572 of 2026)
For the Petitioner/s : Mr.Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 5298 of 2026)
For the Petitioner/s : Mrs.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Both the cases have been taken up together for
hearing as they arise out of the same P.S. case and are being
disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
3. The petitioners seek regular bail in Tandwa P.S.
Patna High Court CR. MISC. No.4572 of 2026(2) dt.28-01-2026
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Case No. 86 of 2025 dated 07-07-2025 registered under Section
191(2), 126(2), 115(2), 75 and 109(1) of the Bharatiya Nyaya
Sanhita, 2023.
4. The prosecution case, in short, is that on
06.07.2025 at about 4:00 PM, while the son of the informant
was sitting near the village temple, the six FIR-named accused
persons, including the petitioner, along with five unknown
persons, arrived in a Scorpio vehicle and assaulted him. On
receiving information, the informant and his wife reached at the
spot, where they were also assaulted with wrong intention,
causing head injury to the informant. After intervention by
villagers, the accused persons fled away. The informant was
admitted to Referral Hospital, Nabinagar for treatment.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that there is no specific
allegation against the petitioners and that the allegations are
general and omnibus in nature levelled collectively against the
petitioners and other accused persons for allegedly assaulting
the informant and his wife. Learned counsel further submits that
only one person, namely Manish Singh (informant) sustained
injuries in the alleged occurrence, who suffered three injuries,
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and the doctor has opined the nature of the injuries to be simple
in nature. It is further submitted that several co-accused persons,
namely Sujit Singh @ Suchit Kumar, Bhanu Kumar @ Ayush
Kumar Singh and Niranjan Kumar have already been granted
anticipatory bail by a Co-ordinate Bench of this Court vide
order dated 10.12.2025 passed in Cr. Misc. No. 81796 of 2025.
Lastly, it is submitted that the petitioner in Cr. Misc. No. 4572
of 2026 has been in judicial custody since 17.11.2025 and has
two criminal cases pending against him whereas, the petitioner
in Cr. Misc. No. 5298 of 2026 has been in judicial custody since
15.10.2025 and has one criminal case pending against him.
6. Learned Additional Public Prosecutor for the State
has opposed the prayer.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners of both the cases be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned C.J.M./ Judicial Magistrate 1st Class, Aurangabad, in
connection with Tandwa P.S. Case No. 86 of 2025, G.R. case
no. 2085 of 2025subject to the following conditions (i) that the
petitioners shall cooperate in the trial and shall be properly
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represented on each and every date fixed by the Court and on
their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below, (ii)
that one of the bailors will be their own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailors shall also state on affidavit that they will inform the
court concerned if the petitioners are made accused in any other
case of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse and, (iv)
that if the petitioners tamper with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail.
8. The applications stand allowed.
(Khatim Reza, J)
shyambihari/-
U
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