Patna High Court
Nirdosh Kumar @ Nirdosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Nirdosh Kumar, was implicated in a FIR alleging that he, along with others, assaulted the informant's daughter and threatened her kidnapping, invoking several sections of the B.N.S. He applied for anticipatory bail, arguing that the FIR contained only superficial, omnibus allegations, was filed two days after the incident, and that the injuries reported were simple. The petitioner also highlighted that he had previously been granted privilege under Section 35(3) of the B.N.S. and had not misused it. The State opposed the bail. The Court examined the nature of the allegations, the delay in filing the FIR, and the simplicity of the injury, and concluded that there was no sufficient ground to deny bail. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., requiring the petitioner’s cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S. given the allegations in the FIR
- Whether the delay in filing the FIR and the nature of the alleged injuries justify denial of bail
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 3(5), 351(2), 352, 35(3), 482(2), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- assault
- threat
- Section 438
- Section 35(3)
- simple injury
- bail bond
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87582 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- GANGTA District- Munger
======================================================
Nirdosh Kumar @ Nirdosh Kumar Singh Son of Bhola Singh @ Bhola Prasad
Singh R/Vill. - Mahimachak, P.S.- Gangta, Distt. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jyoti Ranjan Jha
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 110, 76, 352, 351(2),
3(5) of the B.N.S.
3. The allegation in the first information report is that
the accused persons came variously armed to the house of the
informant and while two of the persons misbehaved with his
daughter and threatened to kidnap her, the present petitioner
also misbehaved with bad intention and tried to hit her on the
head.
4. Learned counsel for the petitioner submits that it
would be apparent from the F.I.R that there are superficial
allegations made in the FIR with regard to misbehaviour with
the daughter of the informant and when the sister-in-law of the
Patna High Court CR. MISC. No.87582 of 2025(2) dt.15-01-2026
2/3
informant intervened, all the accused persons including the
petitioner are also said to have assaulted her with lathi and
threatened to kill her daughter. It has further been submitted that
the injury report indicates that the injuries caused are simple in
nature caused by hard and blunt object as would be evident from
the bail rejection order and the present petitioner was also given
the privilege of Section 35 (3) of the B.N.S.S. and he never
misused the said privilege granted to him and now that the
charge-sheet has been submitted and he has reasonable
apprehension and hence, the present anticipatory bail
application.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the fact that the allegations
made in the first information report are general and omnibus in
nature and the FIR was also delayed by two days after due
thought and deliberation, coupled with the fact that the injury
was simple in nature and also that the petitioner never misused
the privilege granted to him under Section 35(3) of B.N.S.S., let
the petitioner above named, in the event of his arrest or
surrender before learned Court below within period of four weeks,
Patna High Court CR. MISC. No.87582 of 2025(2) dt.15-01-2026
3/3
be released on anticipatory bail in connection with Gangta P.S.
Case no.70 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023, subject to the conditions that the petitioner
would cooperate in the investigation.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…