Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to petitioners 2, 3 and 4 subject to statutory conditions and dismissed the application of petitioner 1 as withdrawn.
Summary
The petitioners sought anticipatory bail in connection with a criminal case (PS Case No. 35 of 2025) alleging assault with a sword. Petitioners 2, 3 and 4 claimed innocence and clean antecedents, while the State opposed bail. The court dismissed the application of petitioner 1 as it was withdrawn, directing him to surrender and apply for regular bail. For petitioners 2, 3 and 4, the court partially allowed the bail application, ordering their release on bail if they surrender or are arrested within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2, 3 and 4 under Section 438 CrPC and Section 482 B.N.S.
- Whether the application of petitioner 1 can be dismissed as withdrawn
- What conditions should be imposed on the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- criminal procedure
- bail bond
- surrender
- withdrawn application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50242 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Charkapathar District- Jamui
======================================================
1. Nitish Kumar S/o Bhanso Ravidas @ Basho Das R/o vill - Bishanpur, P.S. -
Sono, Distt.- Jamui
2. Anil Das @ Anil Ravidas S/o Bhanso Ravidas @ Basho Das R/o vill -
Bishanpur, P.S. - Sono, Distt.- Jamui
3. Pramod Das @ Pramod Ravidas @ Pramod S/o Bhanso Ravidas @ Basho
Das R/o vill - Bishanpur, P.S. - Sono, Distt.- Jamui
4. Shyama Devi W/o Bhanso Ravidas @ Basho Das R/o vill - Bishanpur, P.S. -
Sono, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-02-2026 Heard the parties.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw the
application on behalf of petitioner no. 1.
3. Accordingly, this application stands dismissed as
withdrawn.
4. The petitioner no. 1 is directed to surrender within
two weeks from today and pray for regular bail, failing which
the Superintendent of Police, Jamui will take all steps for arrest
of the petitioner.
Patna High Court CR. MISC. No.50242 of 2025(4) dt.23-02-2026
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5. So far as petitioner nos. 2, 3 and 4 are concerned,
they apprehend their arrest in connection with Charkarpathar
P.S. Case No. 35 of 2025 registered for the offence under
Sections 191(2)(3), 126(2), 329(3), 115(2), 118(1), 109(1), 74,
76, 351(2)(3) and 352 of the B.N.S.
6. As per the prosecution case, due to a dispute
petitioners and other accused are alleged to have assaulted the
informant with a sword due to which the informant sustained
head injury.
7. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
there are general and omnibus allegations against the petitioners
and petitioner no. 4 is a woman. Petitioners have clean
antecedent.
8. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
9. Considering the aforesaid facts, this application
is partly allowed with respect to petitioner nos. 2, 3 and 4.
10. Let the petitioner nos. 2, 3 and 4, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
Patna High Court CR. MISC. No.50242 of 2025(4) dt.23-02-2026
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furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-II, Jamui/
concerned Court below in connection with Charkapathar P.S.
Case No. 35 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
11. Let a copy of this order be communicated to the
Superintendent of Police, Jamui through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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