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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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bail to petitioners 2, 3 and 4 subject to statutory conditions and dismissed the application of petitioner 1 as withdrawn.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 The court dismissed the application of petitioner 1 as it was withdrawn, directing him to surrender and apply for regular bail.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  • Whether the application of petitioner 1 can be dismissed as withdrawn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

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  • withdrawn application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
                                            2/3




                       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
                                                          3/3




                        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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