Patna High Court
Nitin Kumar @ Nitin Rider @ Nitin Raj @ KaruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner on the ground that the injuries were caused by blunt weapons and the petitioner is a minor.
Summary
The petitioner, Nitin Kumar, aged 18, applied for anticipatory bail in a case alleging assault on an informant with a knife and other weapons, under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The FIR described a violent incident where the petitioner, along with a large group, allegedly attacked the informant with knives, iron rods, lathis, and other weapons, causing several injuries. The petitioner’s counsel argued that the medical report showed only blunt‑force injuries and no wounds consistent with a sharp cutting weapon, and that the petitioner was falsely implicated. The court noted the discrepancy between the alleged use of a knife and the medical findings, and considered the petitioner’s tender age of 18. Consequently, the court granted anticipatory bail, directing release upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of assault under Sections 127(1), 115(2), 117(2), 118(2), 109, 191(1), 191(3), 352, 351(2), and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the medical evidence negates the allegation of assault with a sharp cutting weapon, thereby affecting bail considerations.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(2), 127(1), 191(1), 191(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- blunt weapon injury
- minor accused
- medical evidence
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88054 of 2025
Arising Out of PS. Case No.-302 Year-2025 Thana- CHANDAUTI District- Gaya
======================================================
Nitin Kumar @ Nitin Rider @ Nitin Raj @ Karu S/o Arvind Kumar R/o
Village - Sherpur, P.S - Chandauti, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi
Mr. Wajeeha Jafri
Mr. Ashutosh Kumar Mishra
Ms. Neha Kumari
For the State : Mr.Arun Kumar Pandey
For the informant : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 06-04-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chandauti Police Station Case No. 302 of 2025, dated
11.08.2025, disclosing offences punishable under
Sections 127(1)/115(2)/117(2)/118(2)/109/191(1)/191(3) /
352/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 10.08.2025, at about 06 PM, while the
informant was near the house of one Binod Paswan, four
persons arrived there on two motorcycles and stood in the
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middle of the road. When the informant requested them to
remove the motorcycles, the accused persons started
abusing him. With the intervention of the friend of the
informant, the matter was pacified. But, just after ten
minutes, the petitioner, along with 20-25 persons,
variously armed, came there on ten motorcycles and the
petitioner assaulted the informant by means of knife on
his head. Co-accused Sagar @ Suman assaulted the
informant by iron rod and other accused persons assaulted
him by lathi, danda and to his fried.
4. Learned Counsel for the petitioner submits that the
petitioner has falsely been implicated in this case. From
the impugned order, it is evident that the doctor has found
injuries as lacerated wound on left pre-auricular region,
lacerated wound on left parieto temporal region and
lacerated wound on left side occipital region, which are
grievous in nature, caused by hard and blunt substance,
and other injury is lacerated wound on left tempero
parietal region, which is simple in nature, caused by hard
and blunt substance. He further submits that the allegation
against the petitioner is that he assaulted the informant by
means of knife, which is a sharp cutting weapon, but the
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doctor has not found any injury caused by sharp cutting
weapon.
5. Considering the nature of allegation and the fact that the
petitioner is of tender age of 18 years and no injury has
been caused to the informant by sharp cutting weapon, I
am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya, in connection with
Chandauti Police Station Case No. 302 of 2025, subject to
the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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