Patna High Court

Nitish Kumar @ Raj Nikhil @ Rajnish @ Nitish Kumar PaswanversusThe State Of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court modified the earlier order and granted anticipatory bail to the petitioner subject to the conditions of Section 438(2) CrPC.

Summary

The petitioner, Nitish Kumar, was initially granted regular bail for an FIR registered under bailable offences, but the charge sheet was later filed under Section 307 IPC, a non‑bailable offence. An anticipatory bail application was rejected, and the High Court had earlier ordered the petitioner to surrender within six weeks for regular bail. The petitioner sought modification of that order to obtain anticipatory bail, citing that co‑accused in a similar case had been granted anticipatory bail. The Court considered the change in charge, the precedent of Mahendra Prasad Singh v. State of Bihar, and the petitioner’s apprehension of arrest, and directed that if he surrenders within four weeks, he shall be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 438(2) CrPC. The modification application was therefore allowed.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the charge sheet being under Section 307 IPC.
Whether the earlier order directing surrender for regular bail can be modified to grant anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 307

Subjects

anticipatory bail
regular bail
modification of order
Section 307 IPC
Section 438 CrPC
bail bond
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89754 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.67431 of 2025
                      Arising Out of PS. Case No.-95 Year-2022 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Nitish Kumar @ Raj Nikhil @ Rajnish @ Nitish Kumar Paswan S/O Vijay
                 Paswan @ Vijay Ram Resident Of Village- Kauwakhoch, Ps- Kargahar, Dist.-
                 Rohtas

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivjee Singh
                 For the Opposite Party/s :      Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                   This application has been filed for modification of the

                   order dated 23.09.2025 passed in Cr. Misc. No. 67431 of 2025 by

                   which the the bail petition of the petitioner was disposed of with the

                   observation that the petitioner is directed to surrender within six

                   weeks before the Court below which shall disposed of his regular

                   bail petition in the light of the earlier order of co-ordinate Bench in

                   Mahendra Prasad Singh vs State of Bihar (2004) 3 PLJR 491.

                                2. The FIR was registered under bailable sections. The

                   petitioner was granted regular bail by the court below, but the charge

                   sheet was submitted under Section 307 of the IPC. The petitioner,

                   thereafter being apprehensive of his arrest, filed an application for

                   anticipatory bail, which was rejected by the court below.

                                3. This Court, vide order dated 23-09-2025, directed the
           Patna High Court CR. MISC. No.89754 of 2025(2) dt.09-01-2026
                                                       2/2




                     learned court below to dispose of the regular bail petition of the

                     petitioner if he surrenders, in the light of the order passed in light of

                     Mahendra Prasad Singh vs State of Bihar (2004) 3 PLJR 491.

                                  4. Learned counsel for the petitioner has submitted that

                     other co-accused persons, on the exactly similar footing, have been

                     granted anticipatory bail by the Co-ordinate Bench of this Court in

                     Criminal Miscellaneous No. 54232 of 2025.

                                  5.    Considering       the    above-mentioned   facts   and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

                     released on anticipatory 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, Rohtas at Sasaram

                     in connection with Kargahar P.S. Case No. 95 of 2022, subject to the

                     conditions as laid down under Section 438(2) Cr.P.C.

                                  6. Accordingly, the modification application is allowed to

                     the extent indicated above.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

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