Patna High Court

Nitish Kumar SharmaversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the BNS Act, 2023.

Summary

The petitioner, Nitish Kumar Sharma, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 69 and 303(2) of the Bihar Narcotic and Special (BNS) Act, 2023. He claimed to have a clean record and alleged that the complaint was false, based on a promise of marriage and a subsequent relationship with the complainant. The victim’s statement recorded under Section 164 of the Criminal Procedure Code indicated a five‑year relationship and an incident where the petitioner broke her mobile in anger, which the petitioner argued was the motive for a fabricated case. The State opposed the bail, but the court, after considering the victim’s statement and the petitioner's arguments, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS Act. The order thus allowed the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the allegations constitute a false case warranting denial of bail.
Whether Section 482(2) of the BNS Act, 2023 can be invoked to impose conditions on anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164

Subjects

anticipatory bail
false case
Section 164 CrPC
Section 482 BNS
bail conditions
Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4729 of 2026
                   Arising Out of PS. Case No.-134 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Nitish Kumar Sharma S/o Wakil Sharma Resident of Village and P.S.-
                 Kuchaikote, District- Gopalganj
                                                                     ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dharmveer, Advocate
                 For the Opposite Party/s :      Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 69 and 303(2) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and has been falsely

                   implicated in the instant case by the informant with an

                   allegation that petitioner, on pretext of false promise of

                   marriage, established physical relation. It is next submitted that

                   from perusal of the order impugned dated 19.12.2025 in ABP

                   No. 980 of 2025, it would manifest that the same records that

                   the statement of the victim was recorded under Section 164

                   Cr.P.C wherein she has stated that she was in a relationship with

                   the petitioner for the last five years and petitioner out of anger

                   threw her mobile on the ground, on account of which it broke
            Patna High Court CR. MISC. No.4729 of 2026(2) dt.19-03-2026
                                                        2/2




                      and thus out of anger, the present false case came to be

                      instituted.

                                    4. Learned      A.P.P.     for    the   State   opposes   the

                      anticipatory bail application of the petitioner.

                                    5. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the

                      statement of the victim recorded under Section 164 Cr.P.C. as

                      recorded in the order impugned, the petitioner above-named, in

                      the event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned trial

                      court where the case is pending/successor court in connection

                      with Kuchaikote P.S. Case No. 134 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                    6. Accordingly,        the    instant    anticipatory     bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-
U      T

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