Patna High Court
Nitish Kumar @ Manoj RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioners subject to conditions, as the allegations did not preclude their release pending trial.
Summary
The petitioners, three residents of Keshopur Bakari, sought bail after being implicated in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant with a lathi, iron rod and a country‑made pistol, damaging his shop and looting cash on 30 June 2024. The prosecution alleged that the accused were armed and committed serious offences including robbery, assault with deadly weapon and criminal intimidation. The petitioners contended that the incident stemmed from a petty dispute, resulting only in minor injuries, and that the charges were exaggerated to make the case appear more grave. The State opposed the bail, arguing the seriousness of the offences and potential risk of the accused evading trial. The Court, after considering the facts, granted bail on the condition that the petitioners surrender within eight weeks, furnish a bail bond of Rs 10,000 each with two sureties, and comply with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the nature and gravity of the offences alleged under the Bhartiya Nyaya Sanhita justify denial of bail.
- Whether the petitioners are likely to flee or tamper with evidence if released on bail.
- Whether the allegations constitute a case of simple assault or more serious offences warranting pre‑trial detention.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126, 190, 191(2), 303(2), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- robbery
- Section 482
- Bhartiya Nyaya Sanhita
- pre‑trial detention
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90386 of 2025
Arising Out of PS. Case No.-285 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
1. Nitish Kumar @ Manoj Rajak S/O Late Sita Ram Rajak @ Bhola @ Sita
Ram R/O Vill.- Keshopur Bakari,P.S- Udwant Nagar, Dist- Bhojpur
2. Sanoj Kumar @ Sanoj Kumar Rajak @ Saroj Kumar S/O Late Sita Ram
Rajak @ Bhola @ Sita Ram R/O Vill.- Keshopur Bakari,P.S- Udwant Nagar,
Dist- Bhojpur
3. Prakash Kumar Ravi @ Tulu Kumar Son of Chandra Shekhar @ Chandra
Shekhar Ajad R/O Vill.- Keshopur Bakari,P.S- Udwant Nagar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Parmatma Singh
For the State : Mr. Lalan Kumar
For the Informant : Mr. Umesh Kumar, Shubhankar Raj & Md.Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 190, 115(2),
126, 109, 303(2), 352, 351(2), 76 of the Bhartiya Nyaya
Sanhita.
3. As per prosecution case, on 30.06.2024 at about
5:30 PM, all the F.I.R. named accused persons including these
petitioners, armed with Lathi, iron rod and country-made pistol,
came to the shop of informant, abused and thereafter assaulted
informant & others with butt of pistol & iron rod and also
damaged shop, looted cash & other articles from the shop.
Patna High Court CR. MISC. No.90386 of 2025(2) dt.17-01-2026
2/2
4. Learned counsel for the petitioners submits that on
account of petty dispute, Maarpit took place between the parties,
in which, both sides sustained injury. Case and counter case.
Injuries caused by petitioners are simple in nature. Rest of the
allegations are super-addition to make the case grave.
5. Learned A.P.P. for the State and learned counsel for
the informant opposed the bail petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Bhojpur, Ara in connection with
Udwant Nagar P.S. Case No. 285 of 2024, subject to condition
as laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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