Patna High Court

Nitish Kumar @ Nitish PrasadversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: RAMESH CHAND MALVIYA

Holding

The Court granted anticipatory bail to the petitioner under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Nitish Kumar, was implicated in a case (Minapur P.S. Case No. 335 of 2023) involving alleged mob assault, robbery and other offences under various IPC sections. He contended that he was merely a member of the mob and that no specific allegation of assault was made against him, emphasizing his clean criminal record and a land dispute background. The State opposed his anticipatory bail application. The Court examined the FIR and the earlier order, finding no direct accusation against the petitioner and noting his lack of antecedents. Consequently, the Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a bond of Rs.10,000 and two sureties, valid for six weeks from the order date.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the absence of a specific allegation against him
Whether the petitioner’s clean antecedent and the nature of the allegations justify bail under Section 438 of the CrPC

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438
CrPC
IPC offences
bail bond
sureties
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5854 of 2026
                    Arising Out of PS. Case No.-335 Year-2023 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Nitish Kumar @ Nitish Prasad, aged about-27 years, Son of Jitendra Prasad
                 R/o Village - Mahadiya, P.S. - Minapur, Dist. - Muzaffarpur.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner apprehends his arrest in connection with

                   Minapur P.S. Case No. 335 of 2023 instituted for the offences

                   punishable under Sections 147, 148, 149, 307, 341, 323, 504,

                   506, 379 of the IPC.

                           3. As per the allegation in the FIR, on 04.08.2023,

                   petitioner along with other co-accused persons armed with

                   sword, Lathi, danda and farsa started abusing and assaulting

                   the informant. It is further alleged that when informant’s father

                   came to rescue him then the accused persons hit him

                   (informant’s father) also upon which he sustained head injury.

                   One of the co-accused person also snatched a gold Hanumaani

                   from the informant.
Patna High Court CR. MISC. No.5854 of 2026(2) dt.04-02-2026
                                            2/3




                  4. Learned counsel for the petitioner submits that

          petitioner is innocent has committed no offence and has falsely

          been implicated in this case. He submits that there is no specific

          allegation against this petitioner rather specific allegation of

          assault is against other co-accused persons. He next submits that

          petitioner is only alleged to be member of the mob. He next

          submits that there is admitted land dispute between the parties.

          He further submits that petitioner has got clean antecedent as

          stated in para-3 of the bail petition.

                  5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner.

                  6. From perusal of the First Information Report and the

          impugned order dated 01.11.2025, it appears that there is no

          specific allegation of assault against the present petitioner and

          also the fact that petitioner has got no criminal antecedent as

          stated in para-3 of the bail petition. So, considering all facts and

          circumstances of the case and submissions made by learned

          counsel for the petitioner, let the above named petitioner be

          released on anticipatory bail in the event of his arrest or

          surrender before the Trial Court within a period of six weeks

          from today on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.5854 of 2026(2) dt.04-02-2026
                                                         3/3




                       satisfaction learned Judicial Magistrate-1st Class, Muzaffarpur

                       in connection with Minapur P.S. Case No.335 of 2023 subject to

                       the conditions as laid down under Section 438(2) of the Cr.PC.



                                            (Ramesh Chand Malviya, J)
Harshita/-

U       T

Continue reading with your account

Checking your session…