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Patna High Court

Nandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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