Patna High Court
Nitish Singh @ Nitesh Kumar @ Nitesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Nitish Singh, sought anticipatory bail fearing arrest in a case alleging assault, robbery of Rs 30,000 and a mobile phone, and offences under Sections 126(2), 115(2), 109, 76, 309(2), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, together with co‑accused, assaulted the informant and stole the cash and phone. The petitioner contended he was innocent, that the specific assault charge pertained only to another accused, and that the case was a retaliatory, false case arising from a counter‑complaint he had filed. He also highlighted his clean antecedents. The State opposed the anticipatory bail. Considering the general and omnibus nature of the accusation, the inter‑party counter‑case, and the petitioner’s clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple alleged offences where the accusation against the petitioner is of a general and omnibus nature
- Whether the petitioner’s clean antecedents and the existence of a counter‑case justify the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- omnibus accusation
- clean antecedents
- Section 482
- bail bond
- criminal procedure
- theft
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5211 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- MAKER District- Saran
======================================================
Nitish Singh @ Nitesh Kumar @ Nitesh Singh S/o Jitendra Singh R/o
Village-Fulwariya, Police Station- Maker, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dhananjay Kumar Tiwary, Advocate
For the State : Mr. Parmanand Kumar, APP
For the Informant : Mr. Rajni Kant, Advocate
Mr. Ravi Prakash Dwivedi, Advocate
Mr. Dhiraj Yadav, Advocate
Ms. Savika Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 76, 309(2), 352, 351(2) an 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner,
assaulted informant. It is further alleged that this petitioner,
along with co-accused Sudhir Singh, snatched Rs. 30,000/- cash
and mobile phone from the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.5211 of 2026(2) dt.03-02-2026
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committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against co-accused
Jitendra Singh. So far as this petitioner is concerned, there is
general and omnibus nature of accusation. As a matter of fact,
the present case is counter-blast of Maker P.S. Case No. 206 of
2025 which was lodged by petitioner’s side against informant
and others and only with a view to save their skin from the
aforesaid case, this false and concocted case has been lodged.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and clean antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate First
Patna High Court CR. MISC. No.5211 of 2026(2) dt.03-02-2026
3/3
Class, Saran at Chapra in connection with Maker P.S. Case No.
207 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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