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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the BNSS.

Summary

The petitioners—Nitish Kumar, Jivachh Sah, Uro Devi and Vinita Kumari—filed an anticipatory bail application fearing arrest in a case registered under Sections 127(2), 115(2), 109, 303(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR alleged that on 10‑10‑2025 a group of accused, including the petitioners, forcibly entered an informant’s house, assaulted several persons and stole Rs. 3,85,000. The petitioners contended that the allegations against them were vague, that they were falsely implicated, and that the injuries described were minor. The State opposed the bail, arguing that the offences were serious. The Court, after considering the submissions, held that the petitioners could be released on anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS, and therefore allowed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations in the FIR specifically implicate the petitioners or are vague enough to warrant bail.
  • Whether the seriousness of the offences under Sections 127(2), 115(2), 109, 303(2) and 3(5) precludes anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Section 482
  • Bihar Narcotic Substances Act
  • criminal procedure
  • bail conditions
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9807 of 2026
                      Arising Out of PS. Case No.-111 Year-2025 Thana- BITHAN District- Samastipur
                 ======================================================
           1.     Nitish Kumar S/o Arjun Sahu @ Arjun Sah Resident of ward no 07, vill-
                  Ujan, PS- Bithan, Distt- Samastipur
           2.    Jivachh Sah @ Jivachh Sahu @ Jeevas Sah @ Jeevas Sahu S/o Late
                 Shatrughna Sahu Resident of ward no 07, vill- Ujan, PS- Bithan, Distt-
                 Samastipur
           3.    Uro Devi W/o Pramod Sahu Resident of ward no 07, vill- Ujan, PS- Bithan,
                 Distt- Samastipur
           4.    Vinita Kumari W/o Pradeep Sahu @ Pradeep Kumar Resident of ward no
                 07, vill- Ujan, PS- Bithan, Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 127(2),

                   115(2), 109, 303(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner nos. 1 and 3 have antecedent of one case and

                   petitioner nos. 2 and 4 are persons with clean antecedent and

                   petitioner nos. 3 and 4 are women. It is next submitted that the

                   informant alleges that on 10.10.2025 at 08:30 PM, nine accused
Patna High Court CR. MISC. No.9807 of 2026(2) dt.30-03-2026
                                            2/3




          persons including the petitioners along with 10-15 unknown

          accused came variously armed and forcibly entered the house of

          the informant and started abusing, on objection, Anil assaulted

          by farsa causing injury on head and also assaulted his wife

          causing injury on hand, thereafter Pradeep assaulted his son by

          rod causing injury on shoulder, further Jivachh assaulted by

          lathi and thereafter Pradeep again assaulted by rod causing

          injury on back side of the head, further Anil again assaulted the

          informant by back side of the farsa causing fracture of leg and

          rest accused also assaulted and took Rs. 3,85,000/-.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that specific

          allegation of assaulting the injured is against Anil and Pradeep.

          It is further submitted that as far as Jivachh (petitioner no. 2) is

          concerned, the allegation against him is of assaulting by lathi. It

          is further submitted that as far as petitioner nos. 1, 3 and 4 are

          concerned, the allegation of assault and abuse is not specific

          against them. It is also submitted that Anil and Pradeep are not

          petitioners in the instant anticipatory bail application. It is also

          submitted that even injury suffered by the injured has been
            Patna High Court CR. MISC. No.9807 of 2026(2) dt.30-03-2026
                                                        3/3




                      opined to be simple in nature, as would manifest from the order

                      impugned. It is further submitted that Pradeep had moved this

                      Court seeking regular bail by filing Criminal Miscellaneous No.

                      9627 of 2026 and the same came to be allowed by an order

                      dated 17.02.2026 passed by a learned Co-ordinate Bench.

                                   5. Learned       A.P.P.     for    the   State   opposes   the

                      anticipatory bail application of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      trial court where the case is pending/successor court in

                      connection with Bithan P.S. Case No. 111 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant    anticipatory     bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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