Patna High Court

Nitesh KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail was denied as the allegation of stabbing with intent to kill was supported by the injury report.

Summary

The petitioner, Nitesh Kumar, applied for anticipatory bail fearing arrest in a case alleging offences under Sections 126(2), 115(2), 329(3), 303(2), 352, 351(2) and 3(5) of the BNS, 2023. The prosecution alleged that on 22 November 2025 the petitioner, along with several others, entered the informant's house armed and that Nitesh Kumar stabbed the informant on the head, causing a serious injury. The petitioner contended that he has a clean antecedent and that the injury report shows a lacerated wound caused by a blunt object, contradicting the allegation of a stabbing. The State and the informant opposed the bail, emphasizing the specific allegation of stabbing with intent to kill. The Court, after considering the allegation and the injury report, declined to grant anticipatory bail, finding the charge serious enough to warrant custody.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged stabbing of the informant and the accompanying injury report

Legislation cited

BNS, 2023 — s. 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352

Subjects

anticipatory bail
false implication
stabbing
injury report
criminal procedure
section 126
section 115
section 329
section 303
section 352
section 351
section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7657 of 2026
                    Arising Out of PS. Case No.-724 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Nitesh Kumar Son of Kamlesh Singh R/o Village - Chapuk, P.S. - Goh,
                 District - Aurangabad(Bihar).
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :     Mr. Anil Kumar Singh No. 1, A.P.P.
                 For the Informant        :     Mr. Suman Saurabh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
2   17-02-2026                       Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public Prosecutor

                   for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 329(3), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

                                3. The case of the prosecution, in brief, is that on

                   22.11.2025 at 15:00 hours, Sonali Singh and Tara Devi entered

                   into altercation with the informant Madhu Singh regarding parking

                   of bicyle. She further alleged that on 19:50 hours the named

                   accused persons including the petitioner and 6-7 unknown persons

                   armed with sword, knife, lathi and danda entered into the house of

                   the informant and started abusing her, in the meantime, Nitesh

                   Kumar stabbed on the head of the informant leading to head

                   injury. Co-accused Dipak Kumar assaulted on head of informant’s
           Patna High Court CR. MISC. No.7657 of 2026(2) dt.17-02-2026
                                                       2/2




                     husband namely Rakesh Kumar Singh by means of sword as a

                     result of which he sustained head injury. Chhotu Kumar assaulted

                     Shubham Kumar and Kalni Devi. Accused persons snatched the

                     gold chain of the informant’s son.

                                     4. Learned counsel for the petitioner submits that the

                     petitioner is a person with clean antecedent. It is next submitted

                     that the petitioner has been falsely implicated in the present case as

                     the injury report of the informant and her husband namely Rakesh

                     Kumar Singh negates the prosecution story as both have one injury

                     on head which is a lacerated wound caused by hard and blunt

                     substance.

                                     5. The application is opposed by the learned APP for

                     the State and learned counsel for the informant.

                                      6. Considering the fact that there is a specific

                     allegation against the petitioner of having stabbed on the head of

                     the informant with an intention to kill her which is a vital part of

                     the body which find support from the injury report, I am not

                     inclined to grant anticipatory bail to the petitioner. Hence, it is

                     accordingly rejected.



                                              (Alok Kumar Sinha, J)
Gaurav Sinha/-

U      T

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