Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to petitioner No.1, Nitish Kumar, subject to statutory conditions.
Summary
The petitioners Nitish Kumar and Hiralal Yadav were implicated in a case involving assault and property damage under several sections of the Bharatiya Nyaya Sanhita, 2023. Hiralal Yadav, already in judicial custody, withdrew his anticipatory bail application. The court then considered Nitish Kumar's anticipatory bail, noting that he allegedly assaulted the informant's son, causing a simple, non‑vital injury, and that he has a clean antecedent and is a young adult whose future could be harmed by custody. The State opposed the bail, but the court found the injury minor and the petitioner’s background favorable. Consequently, the court granted anticipatory bail to Nitish Kumar, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including surety, appearance, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 despite the serious offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the nature of the injury (simple, non‑vital) and the petitioner's clean antecedent justify the grant of anticipatory bail.
- Whether conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita can be imposed on the bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- simple injury
- clean antecedent
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9131 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- THALI District- Nawada
======================================================
1. Nitish Kumar Son of Hiralal Yadav Resident of Village - Patluka, P.S.- Thali,
District - Nawada
2. Hiralal Yadav Son of Gauri Prasad Yadav Resident of Village - Patluka, P.S.-
Thali, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. At the outset, learned counsel for the petitioner
No.2 has already been taken into judicial custody and therefore,
he wants to withdraw the anticipatory bail with respect of
petitioner No.2.
3. Permission is accordingly granted.
4. The anticipatory bail application with respect to
petitioner No.2 stands dismissed as withdrawn.
5. Now, the anticipatory bail application is being
considered with respect to petitioner No.1.
6. The petitioner is apprehending his arrest in
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connection with Thali P.S. Case No.226 of 2025, F.I.R dated
17.11.2025 registered for the offences punishable under
Sections 115(2), 126(2), 109, 352, 351(2), 303(2) and 3(5) of
Bharatiya Nyaya Sanhita, 2023.
7. According to prosecution case, in brief, is that
while Saroj Devi was constructing her house, the accused
persons arrived, demolished its pillars, and began abusing her
when she objected. On her raising alarm, her daughter Anjali
Kumari came out and was assaulted by Nitish Kumar with a
khanti. When her son intervened to pacify the situation, he was
pushed to the ground and beaten with a lathi by Hira Lal Yadav.
It is further alleged that Nitish Kumar assaulted Shailesh Kumar,
and Hira Lal Yadav snatched the informant’s golden ornament.
8. Learned counsel for the petitioner submits that the
petitioner No.1 and informant are agnates and there is case and
counter case and both sides have sustained injuries and for an
allegation having caused injuries to the informant by petitioner
No.2, who has already been taken into custody, while petitioner
No.1 has inflicted injury on the hand of the informant’s younger
son, Shailesh Kumar, having fractured his hand, which
according to the petitioner, is a non-vital part and the injury is
simple in nature. It has further been submitted that the petitioner
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has a clean antecedent, and petitioner No. 1, being a 22-year-old
young man, would suffer serious adverse consequences to his
future prospects if he is taken into judicial custody.
9. Learned APP for the State opposes the prayer for
anticipatory bail application.
10. Considering the aforesaid facts and circumstances
that the petitioner No.1 has assaulted the son of the informant on
his hand being a non-vital part of the body and the injury caused
is simple in nature and the petitioner No.1 has clean antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
11. Let the petitioner No.1, above named, in the event
of his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Nawada, in connection with
Thali P.S. Case No.226 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
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member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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