Patna High Court
Nitesh Kumar @ Nites KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to Nitesh Kumar, while bail was granted to Chandrabati Devi subject to specified conditions.
Summary
The petitioners, Nitesh Kumar and his wife Chandrabati Devi, sought relief in a criminal miscellaneous proceeding arising from a case registered under Sections 126(2), 115, 118(1), 109, 303(2) and 3(5) of the B.N.S. The prosecution alleged that Nitesh Kumar assaulted the informant's son with an iron rod, causing injury and theft of Rs.5,000. The petitioner‑1 applied for anticipatory bail, but the court, noting that the principal allegation was against him, rejected his application. The petitioner‑2, a woman with no criminal antecedent and no direct role in the alleged offence, applied for bail. Considering her lack of prior record and the absence of any specific charge against her, the court granted her bail subject to strict conditions, including sureties, regular police reporting, and non‑interference with witnesses. The order thus withdrew anticipatory bail for Nitesh Kumar and released Chandrabati Devi on bail.
Issues considered
- Whether anticipatory bail should be granted to Nitesh Kumar in view of the allegations against him.
- Whether bail should be granted to Chandrabati Devi despite the prosecution's claim of her involvement.
- What conditions, if any, should be imposed on the bail granted to Chandrabati Devi.
Legislation cited
- B.N.S. — s. 109, 115, 118(1), 126(2), 303(2), 3(5)
Subjects
- anticipatory bail
- bail
- criminal procedure
- high court
- no criminal antecedent
- conditions of bail
- offence under B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74571 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- Pahelja P.S. District- Saran
======================================================
1. Nitesh Kumar @ Nites Kumar Son of siyaram Mahto Resident of Village-
Kharika, P.S.- Pahleja, Dist-Saran
2. Chandrabati Devi @ Chandrawati Devi @ Amrawati Devi Wife of Siyaram
Mahto Resident of Village- Kharika, P.S.- Pahleja, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 At the outset, learned counsel for the petitioners at
the outset prays for withdrawal of the anticipatory bail of the
petitioner no.1, namely Nitesh Kumar @ Nites Kumar.
2. Accordingly, the anticipatory bail of petitioner
no.1, namely Nitesh Kumar @ Nites Kumar stands rejected.
3. Heard the parties.
4. The petitioner no.2 is apprehending her arrest in
connection with Pahleja P.S. Case No. 38 of 2025 registered for
the offence under Sections 126(2), 115, 118(1), 109, 303(2) and
3(5) of the B.N.S., lodged on 09.04.2025 by the informant Lalita
Devi.
5. As per the prosecution story, the allegation is that
Patna High Court CR. MISC. No.74571 of 2025(3) dt.20-02-2026
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the informant’s son was returning home on auto when Nitesh
Kumar gave iron rod blow on his head causing injury. The
allegation of taking away Rs.5,000/- is/are also there, he was
conscious and finally shifted to Patna Medical College and
Hospital, Patna which followed the F.I.R..
6. Learned counsel for the petitioner no.2, namely
Chandrabati Devi @ Chandrawati Devi @ Amrawati Devi
submits that even going by the F.I.R. main allegation is against
Nitesh Kumar, only to implicate the family members, the lady
has been robed in, she do not have criminal antecedent.
7. In this case, case diary has been called for and
according to the supervision note, it has been recorded that the
injured was having relationship with the daughter of Bhola
Mahto which resulted into this occurrence.
8. Learned APP opposes the prayer submitting that
allegation is there also against the petitioner no.2.
9. Considering the submissions of the parties as also
that the fact that main allegation is against Nitesh Kumar, his
anticipatory bail application stands withdrawn, the petitioner
no.2 is a lady, no criminal antecedent, no direct role has been
assigned to her, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
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10. Let the petitioner no.2, namely Chandrabati Devi
@ Chandrawati Devi @ Amrawati Devi 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 Sessions Judge, Saran at Chapra, in
connection with Pahleja P.S. Case No. 38 of 2025 subject to the
following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner no.2, namely Chandrabati
Devi @ Chandrawati Devi @ Amrawati Devi who shall provide
official document (Aadhar Card/Voter Id/Driving License/Pan
Card) to show his/her bona fide;
(ii) the petitioner no.2, namely Chandrabati Devi @
Chandrawati Devi @ Amrawati Devi shall be appearing before
the Police Station as and when required for cooperating in the
investigation;
(iii) the petitioner no.2, namely Chandrabati Devi @
Chandrawati Devi @ Amrawati Devi shall appear before the
concerned police station every month for next six months to
mark his attendance and at the end of the period a certificate be
submitted before the Trial Court failing which the State shall be
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at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner no.2, namely Chandrabati Devi @
Chandrawati Devi @ Amrawati Devi 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 no.2, namely Chandrabati Devi @
Chandrawati Devi @ Amrawati Devi shall desist from
committing any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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