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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s criminal antecedents and the seriousness of the allegations did not justify its grant.

Summary

Nitish Kumar applied for anticipatory bail after being named in FIR No. 330 of 2025 for alleged assault on police and firing, under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, arguing that his name was derived solely from a co-accused's confessional statement. The State opposed the bail, highlighting five prior criminal convictions, many of a similar nature. The court examined the seriousness of the alleged offences and the petitioner’s criminal antecedents. It held that the nature of the accusations and the petitioner’s history did not merit the grant of anticipatory bail. Consequently, the application for anticipatory bail was refused.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita given the nature of the alleged offences and his prior criminal record.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • police assault
  • Bharatiya Nyaya Sanhita
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5146 of 2026
                        Arising Out of PS. Case No.-330 Year-2025 Thana- SILAO District- Nalanda
                 ======================================================
                 Nitish Kumar Son of Bhrigu Nandan Prasad Sharma @ Bhim Singh Resident
                 of village- Kariyanna, Ps- Silao, Dist- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in Silao P. S. Case No.

                   330 of 2025 registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 115(2), 126(2), 109(1), 121(1),

                   111(3), 132 of the Bharatiya Nyaya Sanhita.

                                 3. As per F.I.R., all the named accused persons,

                   including this petitioner, attacked police party and also fired

                   upon them. It is further alleged that two accused persons were

                   apprehended on the spot who disclosed the name of this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Name of

                   petitioner     transpired      during      course      of    investigation       in

                   confessional statement of co-accused.
              Patna High Court CR. MISC. No.5146 of 2026(2) dt.03-02-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got five

                        criminal antecedents and most of them are of similar nature.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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