Patna High Court
CR. MISC./57796/2026 of Nitish Kumar @ Nitish Yadav @ Nitish King Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57796 of 2026 Arising Out of PS. Case No.-237 Year-2026 Thana- ARA NAGAR District- Bhojpur ====================================================== Nitish Kumar @ Nitish Yadav @ Nitish King S/O Bhagan Rai @ Dharmendr Rai R/O Vill- Raghu Tola,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57796 of 2026
Arising Out of PS. Case No.-237 Year-2026 Thana- ARA NAGAR District- Bhojpur ======================================================
Nitish Kumar @ Nitish Yadav @ Nitish King S/O Bhagan Rai @ Dharmendr Rai R/O Vill- Raghu Tola, P.S- Ara Town, Dist- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajendra Nath Sinha, Advocate
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Ara Town P.S. Case No.237 of 2026, FIR dated 22.03.2026, registered for the offence punishable under Sections 126(2), 115(2), 109(1), 351(2), 352, 324(1)(3)(5) of the BNSS.
3. As per the FIR, the petitioner along with other co-accused persons assaulted the informant by means of lathi, danda and iron rod, causing injury on his head. It is further alleged that, on the instigation of accused Deepak Yadav, the sister-in-law of the informant was also assaulted.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. By referring to the impugned order, he further submits that Patna High Court CR. MISC. No.57796 of 2026(2) dt.19-08-2026
the specific allegation of assault by means of an iron rod, as made in the FIR, is against the petitioner and one Gulgul Yadav. It is submitted that the learned Court below has extended the privilege of anticipatory bail to co-accused Gulgul Yadav, observing that the nature of injuries found by the treating doctor does not corroborate the allegations made in the FIR. It is further submitted that there is no explanation in the impugned order as to the distinction drawn by the learned Court concerned while extending the privilege of anticipatory bail to co-accused Gulgul Yadav and refusing the same to the petitioner. Lastly, it is submitted that the petitioner has one criminal antecedent, in which he is on bail.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, particularly the fact that co-accused Gulgul Yadav, against whom there is a similar allegation of assault by means of an iron rod, has already been granted the privilege of anticipatory bail by the District Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.57796 of 2026(2) dt.19-08-2026
with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara, Bhojpur/ Successor Court in connection with Ara Town P.S. Case No.237 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family 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.
shikha/- (Ajit Kumar, J) U T