Nitish Kumar v. The State Of Bihar
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, villUjan, 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, DisttSamastipur 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 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