Patna High Court
Niraj Kumar @ Niraj SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner’s regular bail with conditions.
Summary
The petitioner, Niraj Kumar, was in custody since 2 March 2025 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute in his apartment where he allegedly stabbed an informant. He applied for regular bail for the second time after a prior bail plea was rejected. The petitioner claimed innocence, that charges had not yet been framed, and offered to resign from his post as Secretary of the apartment association and to stay away from the informant. The State opposed the bail, but the court considered the length of custody and the delay in trial. The court allowed the bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties and imposing conditions of regular appearance, resignation from the secretary post, and non‑interference with the informant. Non‑compliance with these conditions would lead to cancellation of the bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bharatiya Nyaya Sanhita
- Whether the period of custody and delay in trial justify granting bail
- What conditions may be imposed on the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 329(4), 352, 74
Subjects
- regular bail
- delay in trial
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65149 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Niraj Kumar @ Niraj Singh S/o Late Bipin Kumar Singh Resident of Flat No
305B, Vishnu Plaza Apartment Road No 16, PS- Gardanibagh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Diwanshu Kumar
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
Mr. Arbind Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-01-2026 Heard Mr. Krishna Pd. Singh, the learned Senior
counsel for the petitioner and the learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Gardanibagh P.S. Case No. 140 of 2025
registered for the offence under Sections 329(4), 126(2), 115(2),
118(1), 109, 303(2), 74 and 352 of the Bharatiya Nyaya Sanhita,
2023. Earlier the prayer of the petitioner for bail was rejected
vide Cr. Misc. No. 25944 of 2025 dated 02.05.2025.
3. As per the prosecution case, for a petty dispute in
the apartment, the petitioner and the informant have fought and
the petitioner is said to have stabbed the informant.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
Patna High Court CR. MISC. No.65149 of 2025(3) dt.16-01-2026
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offence. Petitioner is in custody since 02.03.2025. He further
submits that the charge has not been framed yet. He further
submits that the petitioner will resign from the post of Secretary
of the Apartment and he will not interfere in the day to day
functioning of the association of the apartment. He will also not
go near the flat of the informant or near the informant.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considering the period of custody and the delay in
trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.,-XIII, Patna/concerned
Court below in connection with Gardanibagh P.S. Case No. 140
of 2025 subject to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(ii). The petitioner will resign from
the post of Secretary of the Apartment and
he will not interfere in the day to day
functioning of the association of the
apartment. He will also not go near the flat
Patna High Court CR. MISC. No.65149 of 2025(3) dt.16-01-2026
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of the informant or near to the informant,
failure to do so will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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