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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.9131 of 2026(3) dt.22-04-2026
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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
Patna High Court CR. MISC. No.9131 of 2026(3) dt.22-04-2026
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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
           Patna High Court CR. MISC. No.9131 of 2026(3) dt.22-04-2026
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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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