Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond, sureties, and conditions of cooperation and a close relative as bailor.
Summary
The petitioner, Nitesh Kumar Mandeshwar Rai, applied for anticipatory bail under Section 438 of the CrPC in connection with FIR No. 297 of 2025 alleging assault and other offences under the Bihar Negotiable Sale and Service (BNS) Act, 2023. The FIR alleged that the petitioner struck the informant with an iron rod, but the medical report indicated only simple injuries from a blunt object, and the FIR was lodged two days after the incident. The petitioner argued that the delay and the nature of injuries negated the applicability of Section 109 of the BNS Act. The State opposed the bail. The Court, considering the delay, the counter‑complaint, and the minor injuries, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions of cooperation and a relative as a bailor.
Issues considered
- Whether anticipatory bail should be granted in view of the allegations under sections 126(2), 115(2), 318(1), 109, 329(3), 333, 303(2), 352, 351(2) and 190 of the BNS Act, 2023.
- Whether the delay in filing the FIR and the nature of injuries affect the applicability of Section 109 and the grant of bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNS Act, 2023 are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- assault
- Section 109
- Section 438 CrPC
- Section 482 BNS Act
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90207 of 2025
Arising out of PS. Case No.-297 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Nitesh Kumar Mandeshwar Rai R/o Vill. - Bairiya, P.S. - Kesariya District -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s: Mr. Nirmal Kumar Sinha, APP
======================================================
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 has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Kesariya P.S. Case No. 297 of 2025 registered under sec-
tions 126(2), 115(2), 318(1), 109, 329(3), 333, 303(2), 352,
351(2) and 190 of the BNS, 2023.
3. The allegation in the First Information Report is
that the accused persons including the petitioner assaulted the
informant and others causing injuries to them.
4. Learned counsel for the petitioner submits that al-
though there is direct allegation against the petitioner to have in-
flicted with iron rod over the head of the informant, the injury
report (Annexure-2) would indicate that the informant had suf-
Patna High Court CR. MISC. No.90207 of 2025(2) dt.15-01-2026
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fered simple injuries caused by hard and blunt object and there
is no repetition of blow by the present petitioner, as such, the
provision of Section 109 BNS would not attract in the facts of
the case. It is further submitted that the present case is a counter-
blast of Patahi P.S. Case No. 301 of 2025 lodged by Reena Devi
against the informant and other family members and also the
FIR has been lodged after a delay of two days for which no ex-
planation has been tendered.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and circum-
stances of the case and considering the delay in lodging the FIR,
there is case and counter-case coupled with the fact that simple
nature of injuries have been sustained by the informant, let the
petitioner, above named, in the event of his arrest or surrender
before the learned Court below within a period of four weeks,
be released on anticipatory bail in connection with Kesariya P.S.
Case No. 297 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 Judicial Magistrate-1st
Class, East Champaran, Motihari, subject to the condition laid
down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.90207 of 2025(2) dt.15-01-2026
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Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to
the following conditions that:-
(i) One of the bailors shall be close relative of the pe-
titioner.
(ii) The petitioner shall co-operate in the investiga-
tion/trial and in case of non co-operation on his behalf the pros-
ecution would be at liberty to file application for cancellation of
bail of the petitioner.
(Soni Shrivastava, J)
Vikash/-
U T
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