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Patna High Court

Bambam NishadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Bambam Nishad, was implicated in a case involving alleged assault, firing of weapons, and offences under several sections of the Bihar Non-Compulsory Statutes (B.N.S.) and the Arms Act. He claimed the allegations were false, that no one was injured, and that the FIR lacked a clear motive. The petitioner sought anticipatory bail, assuring the court of his cooperation with the investigation. The State opposed the bail, arguing potential non‑cooperation and risk of tampering with evidence. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., including the possibility of cancellation if the petitioner fails to cooperate. The order also stipulated that the petitioner’s father would act as one of the bailors.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S.
  • Whether the petitioner is likely to abscond or tamper with the investigation
  • Whether the allegations in the FIR constitute a sufficient ground to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • false implication
  • assault
  • arms act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66995 of 2025
                       Arising Out of PS. Case No.-29 Year-2025 Thana- MARANCHI District- Patna
                 ======================================================
                 Bambam Nishad Son of Chharpan Nishad @ Shatrudhan Nishad Resident of
                 Village - Naya Kasha Diyara Near Pani Tanki, Ward No.- 01, P.S.- Marachi,
                 District - Patna, Bihar
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Shankar, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 329(3),

                   126(2), 115(2), 109, 74, 352, 351(2) and 3(5) of the BNS as well

                   as Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case as would manifest from the

                   supplementary affidavit and the informant alleges that on

                   08.04.2025, at 09:00 a.m., four named accused persons

                   including the petitioner came on account of dispute which had

                   occurred the previous night and started abusing her and her

                   husband. On protest, all accused persons started assaulting her

                   husband and even assaulted and molested the informant when
Patna High Court CR. MISC. No.66995 of 2025(4) dt.24-03-2026
                                            2/3




          she tried to save her husband, thereafter petitioner and Amir

          Mahto fired but her husband was saved. On alarm, villagers

          gathered and the accused fled away.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no reason

          for the occurrence is alleged. It is next submitted that no doubt,

          it is alleged that petitioner along with Amir Mahto fired but then

          no one was injured in the occurrence. It is also submitted that

          allegation of firing has been alleged only to give seriousness to

          the case. It is further submitted that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will cooperate in the investigation to prove

          his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
           Patna High Court CR. MISC. No.66995 of 2025(4) dt.24-03-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending/Successor Court in connection

                     with Maranchi P.S. Case No. 29 of 2025, subject to the

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

                     Cr.P.C./482(2) of the B.N.S.S.

                                  7. One of the bailors of the petitioner shall be his

                     father, namely, Chharpan Nishad.

                                  8. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned Trial

                     Court bringing to its notice that the petitioner, despite giving

                     assurance to this Court, is not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.

                                  9. Let a copy of this order be sent to the concerned

                     police station through the learned Trial Court.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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