Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the ingredients of Section 307 IPC were not made out and, considering the petitioners' lack of antecedents and prolonged custody, they were entitled to bail.
Summary
The petitioners, three agnates of the informant, were charged with multiple offences under the Indian Penal Code, including assault, grievous hurt and attempted murder, arising from a family dispute. They sought bail, arguing that the FIR was lodged two days after the incident, the injuries were caused by blunt objects, and that the allegations against each of them were either vague or shared with other accused. The State opposed bail, citing the seriousness of the charges. The court noted the lack of criminal antecedents, the prolonged custody since July 2025, and concluded that the essential ingredients of Section 307 IPC (attempt to murder) were not established. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to compliance with the lower court’s conditions.
Issues considered
- Whether bail should be granted for offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 504 and 506 of the IPC.
- Whether the ingredients of Section 307 IPC are made out against the petitioners.
- Whether the two‑day delay in lodging the FIR is a ground to deny bail.
- Whether the familial relationship between the petitioners and the victim influences the bail decision.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 427, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- family dispute
- delay in FIR
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74277 of 2025
Arising Out of PS. Case No.-111 Year-2024 Thana- HASPURA District- Aurangabad
======================================================
1. Nitish Kumar S/O Parshuram Yadav @ Parsuram Singh @ Yadav R/O
Village- Jakhaura, P.S- Haspura, District-Aurangabad
2. Parshuram Yadav @ Parsuram Singh @ Yadav S/O Late Ramkeshwar Yadav
R/O Village- Jakhaura, P.S- Haspura, District-Aurangabad
3. Sukhendra Yadav S/O Late Suresh Yadav R/O Village- Jakhaura, P.S-
Haspura, District-Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in a case registered for
the offence punishable under Sections 147, 148, 149, 341, 323,
324, 325, 307, 427, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, the allegation
against the petitioners is that of assaulting the husband of the
informant by means of lathi, kulhadi and garasa.
4. The learned counsel for the petitioners submits
that the present incident took place on account of a dispute
between the members of the same family, who happens to be
Patna High Court CR. MISC. No.74277 of 2025(4) dt.11-02-2026
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gotiya inasmuch as, the petitioner no.1 is the nephew and
petitioners no.2 and 3 are the cousin of the informant’s
husband, the injured. It has been submitted that there is a delay
of two days in lodging of the First Information Report for
which no explanation has been tendered. Further as against the
allegation of assault by sharp edged weapons, the injuries were
found to be caused by hard and blunt substance, however,
being grievous in nature. Further, it is submitted that so far as
the petitioner no.1 is concerned, the only general allegation is
of assaulting by means of lathi whereas petitioner no.2 is only
said to be an order giver. So far as the petitioner no.3 is
concerned, the allegation is of assaulting on the head of the
informant’s husband, but such allegation is not exclusively
attributed to him but on other accused persons also. All the
petitioners are in custody since 22.07.2025 with no criminal
antecedent and charge-sheet has already been submitted.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioners are
the agnates of the informant and her husband and the
ingredients of Section 307 of the I.P.C. would not be made out
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against them, coupled with the fact that they are in custody
since 22.07.2025 with no criminal antecedent, let the above
named petitioners, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Daudnagar,
Aurangabad/concerned Court below in connection with
Haspura P.S. Case No. 111 of 2024.
(Soni Shrivastava, J)
anand/-
U T
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