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Patna High Court

Nitish Kumar Singh @ Tulli SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Nitish Kumar Singh, applied for anticipatory bail fearing arrest in connection with a case registered under multiple sections of the B.N.S. 2023. The FIR alleges that he, along with others, assaulted an informant with a knife, causing bleeding to the informant's left hand. The petitioner contended that he is innocent and that the injury was caused by a blunt object, not a knife, as per the injury report. The court noted that the petitioner has five prior criminal antecedents. Considering the seriousness of the alleged offences and the petitioner’s criminal history, the court declined to grant anticipatory bail. The court directed that if the petitioner surrenders, the lower court may consider regular bail on its merits without prejudice from this rejection.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and his criminal antecedents

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74

Subjects

  • anticipatory bail
  • criminal antecedent
  • assault
  • knife injury
  • bail jurisprudence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91408 of 2025
                       Arising Out of PS. Case No.-323 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
                 Nitish Kumar Singh @ Tulli Singh S/o- Chandraket Narayan Singh @
                 Chandraket Rai @ Chandraket Singh Village- Mashrakh Purab Tola , PS-
                 Mashrakh Dist-Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   22-04-2026                  1. Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Mashrakh P.S. Case No. 323 of 2025 dated 21.07.2025

                   registered for the offence under Section 126(2), 115(2), 118(1),

                   109(1), 74, 303(2), 352, 351(2), 351(3), 3(5) of the B.N.S. 2023.

                                3. As per the F.I.R. on 21.07.2025 at 02:30 P.M. the

                   petitioner along with four F.I.R. named accused and 10-15

                   unknown persons reached at the door of the informant and

                   started abusing the informant and his family members. On

                   protest, the petitioner assaulted the informant with knife with

                   intention to kill which caused injury in his left hand and blood

                   started oozing out.

                                4. Learned counsel for the petitioner submits that
               Patna High Court CR. MISC. No.91408 of 2025(3) dt.22-04-2026
                                                           2/2




                         petitioner is innocent and has not committed any offence in the

                         manner alleged. He further submits that though it is alleged that

                         petitioner assaulted the informant with knife which caused

                         bleeding, however, as per injury report nature of injury is simple

                         caused by hard and blunt substance not by any sharp cutting or

                         pointed weapon.

                                      5. Regard being had to the submission advanced by

                         the petitioner and taking into consideration the fact that

                         petitioner is having five criminal antecedent, accordingly, I am

                         not inclined to grant anticipatory bail to the petitioner. The same

                         is rejected.

                                      6. However, if the petitioner surrenders and seeks

                         regular bail, it is expected that the learned court below shall

                         consider the same on its own merit without being prejudiced by

                         the fact that the present anticipatory bail application has been

                         rejected by this court.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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