Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and conditions of appearance.
Summary
The petitioner, Nandan Kumar, applied for regular bail in a case registered under multiple sections of the Indian Penal Code, including offences of assault, robbery, and outraging the modesty of women. The prosecution alleged that the petitioner, along with co‑accused, broke into the informant's house, used abusive language against female members, and stole money. The petitioner claimed innocence, asserting a dispute with the informant and that his brother is a tenant at the informant's premises. The informant opposed bail, citing the alleged outraging of modesty and theft. The court noted that co‑accused had already been granted bail and, after considering the facts, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance and cooperation.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 115(2), 126(2), 303(2), 308(3), 324(4), 329(4), 3(5), 351(2), 352, 74
Subjects
- regular bail
- Indian Penal Code
- offences against women
- theft
- high court
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88425 of 2025
Arising Out of PS. Case No.-307 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Nandan Kumar S/o Bhola Saw R/o Village- Dalpatti, Goshala Gali Ward
No.24, Lakhisarai, P.S- Lakhisarai, Dist- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Ray
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Kabaiya P.S. Case No. 307 of 2025, registered for
the offences punishable under Sections 329(4), 126(2), 115(2), 74,
303(2), 308(3), 324(4), 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner along
with other co-accused persons entered the informant’s house,
broke open the shop lock, and used filthy language against the
female members of the informant’s family.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
There is dispute between the informant and the petitioner, as
brother of the petitioner is tenant in the premises of the informant.
Patna High Court CR. MISC. No.88425 of 2025(2) dt.08-01-2026
2/2
5. On the other hand, the learned senior counsel for the
informant has opposed the prayer for bail by submitting that the
petitioner outraged the modesty of female members of the
informant and also looted some rupees.
6. The petitioner is under custody for near about two
months, and co-accused persons have been granted bail.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Lakhisarai in connection with Kabaiya P.S. Case No.
307 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as and
when required by the court.
8. The petitioner shall physically appear before the
learned court below on each and every date. In case of failure
on two consecutive dates, unless he is prevented by extremely
adverse circumstances, the learned court below will be at
liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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