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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail after an FIR (Garahiya Bazar PS Case No. 61 of 2025) alleged his involvement in a violent assault on a minor, charging him under multiple sections of the Indian Penal Code. The prosecution alleged that the petitioner, along with others, inflicted injuries using a knife, iron rod, and by applying pressure on the victim's chest and vital organs. The petitioner argued that the FIR was an omnibus complaint, that the victim himself had a criminal background, and that no chest injury was proven, citing a prior relief granted to a co-accused. The informant’s counsel countered that the petitioner’s role was established and highlighted his criminal antecedents. Considering the lack of concrete evidence of the specific assault on the chest and the relief already granted to a co-accused, the court inclined to grant anticipatory bail with stringent conditions, including sureties, regular appearances before the trial court and police, and prohibition on tampering with witnesses.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious charges under the IPC.
  • Whether the evidence in the FIR sufficiently links the petitioner to the alleged assault.
  • Whether the prior relief granted to a co-accused influences the grant of bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68034 of 2025
                  Arising Out of PS. Case No.-61 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Nitish Kumar S/o- Munilal Bhagat @ Munnilal Bhagat Village- Mahauta PS-
                 Garahiya Bazar Distt- East Champran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Usha Kumari, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 For the Informant        :        Ms. Harsha Sashwat, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-02-2026                  Heard Mrs. Usha Kumari, learned counsel for the

                   petitioner duly assisted by Ms. Pragya Sinha, Ms. Harsha

                   Sashwat representing the informant and Mr. Bhanu Pratap

                   Singh, learned APP.

                                2. The petitioner is apprehending his arrest in

                   connection with Garahiya Bazar P.S. Case No. 61 of 2025 for

                   the offence under sections 191(2), 190, 126(2), 115(2), 118(1),

                   109, 303(2), 352, 351(2) and 351(3) of the BNS lodged on

                   09.04.2025 by the informant, Urmila Devi.

                                3. As per the prosecution story, the informant alleged

                   that upon hearing the noise near a shop, she reached the place

                   and saw her son, Shravan Kumar is beaten by accused persons.

                   Alok Kumar gave knife blow while Rajnish Kumar and
Patna High Court CR. MISC. No.68034 of 2025(3) dt.11-02-2026
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          Jamaluddin gave iron rod blow. Further allegation against Vijay

          Kumar and Nitish Kumar is of putting their legs on the

          neck/chest of the injured. Allegation further is against Sitaram

          Shah of putting his leg on the vital organ of the injured and then

          on the provocation of Dinanath Prasad, the others also assaulted.

          This led to the FIR.

                       4. Learned counsel for the petitioner submits that a

          bare perusal of the FIR would show that omnibus allegation has

          been made against the petitioner, each and every family

          members have been roped in and the injured himself is a

          criminal having cases lodged against him which is reflected

          from the Annexure-3 showing him with a pistol which has been

          uploaded on the Facebook.

                       5. The further submission is that though injury has

          been found on the head but there is no injury on the chest and

          the last submission is that Rajnish Kumar who has been

          assigned the role of using iron rod has been extended relief vide

          order dated 25.08.2025 in Cr. Misc. No. 56291 of 2025 by a

          Coordinate Bench.

                       6. Learned counsel for the informant, Ms. Harsha

          Shashwat opposes the prayer and taken this Court to the FIR to

          show that the role has also been assigned to this petitioner and
Patna High Court CR. MISC. No.68034 of 2025(3) dt.11-02-2026
                                            3/4




          the petitioner has criminal antecedent also.

                       7. Taking into account the submissions of the parties

          as also that no injury has been found on the chest, it has been

          informed that the petitioner is a student, co-accused person,

          namely Rajnish Kumar against whom specific allegation of

          assault using iron rod is there has been extended relief, as

          recorded above, in that background, this Court is inclined to

          extend him the privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned CJM, Motihari, East Champaran in

          connection with Garahiya Bazar P.S. Case No. 61 of 2025

          subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his
          Patna High Court CR. MISC. No.68034 of 2025(3) dt.11-02-2026
                                                      4/4




                    bail bond by the Trial Court itself;

                                 (iii) the petitioner shall appear before the concerned

                    police station every month for six months to mark his

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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