Patna High Court
CR. MISC./40408/2026 of Nirbhay Kumar @ Nirbhay Kumar Vs The State of Bihar on 24 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40408 of 2026 Arising Out of PS. Case No.-130 Year-2024 Thana- BIHTA District- Patna ====================================================== Nirbhay Kumar @ Nirbhay Kumar son of Muneshwar Rai @ Bhuneshwar Rai Resident of Village- Daulatpur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40408 of 2026
Arising Out of PS. Case No.-130 Year-2024 Thana- BIHTA District- Patna ======================================================
Nirbhay Kumar @ Nirbhay Kumar son of Muneshwar Rai @ Bhuneshwar Rai Resident of Village- Daulatpur P.S -Bihta, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ramakant Ram Anand, Advocate.
For the Opposite Party/s :
Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
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ORAL ORDER
24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Bihta P.S. Case No. 130 of 2024 registered for the offence punishable under Sections 341, 342, 323, 307, 504, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the petitioner has exhorted, and on his exhortion, one Nilesh Kumar has assaulted the informant on the head with a bat, due to which he received grievous injury.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that from perusal of the FIR, it is clear Patna High Court CR. MISC. No.40408 of 2026(2) dt.24-06-2026
that the only allegation against the petitioner is that he has exhorted and he has snatched the golden chain. He further submits that the allegation of assault is against the co-accused, namely, Nilesh Kumar. Moreover, the petitioner is languishing in judicial custody since 12.03.2026.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases and that on his exhortion, the occurrence has happened.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Danapur in connection with Bihta P.S. Case No. 130 of 2024.
Sudhanshu/- (Ashok Kumar Pandey, J) U T