Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9802 of 2026 Arising Out of PS. Case No.-460 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== Nitish Kumar S/o- Ramanand Yadav R/v- Sabal Bigna Rasalpur Ps- Noorsarai Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP For the Informant :
Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2026
1. Heard learned counsel for the petitioner, Mr. Bimlesh Kumar Pandey, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316(2), 318(4), 338, 336(3) and 61(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he along with his wife are Directors of Satyadeo multi specialty hospital at Patna, further Indu Bhushan was appointed as Manager in the year 2020 for maintaining daily accounting of the hospital and his primary responsibility was to clear the dues of the Pharma company, further informant got an
2/4 information from the Pharma company that their bill has not been cleared, thereafter it came to his notice that in the last one year by way of cheque an amount of Rs. 14,35,581/- instead of being sent to the Pharma company was credited by Indu Bhushan in the account of his relative i.e. petitioner and Ajay and the accused have utilized the money for their personal gains, next alleges that further inquiry is being conducted of the account for the last five years and chances are that misappropriation of money shall increase, further Indu Bhushan is working presently in an under construction of CM hospital at Raza Bazar as a part time staff and has been assigned the work to establish official e-mail of the hospital, but Indu Bhushan added his e-mail Id as e-mail Id of the hospital on account of which information with regard to the hospital including data of the Ayushman Bharat Scheme, CGHS and other accounting of the bank has been wrongly shared.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has 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 thrust of the allegation is against Indu Bhushan. It is further submitted that petitioner being related to Indu Bhushan came to
3/4 be implicated in the instant case with an allegation that Indu Bhushan credited some of the amount of the misappropriated money in the account of the petitioner. It is next submitted that had the petitioner been aware of the fact that his relative is crediting the money which has been misappropriated by him whether he would have allowed Indu Bhushan to credit the said amount in his account. It is next submitted that Indu Bhushan has moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 9984 of 2026 and the same came to be allowed by an order dated 26.02.2026 passed by a learned Co-ordinate Bench with certain conditions.
It is further submitted that the issue has been compromised in between Indu Bhushan and the informant and Indu Bhushan has agreed to return the amount and he has already returned an amount of Rs. 9 Lakhs out of rupees fourteen lakhs and odd and his anticipatory bail is conditional and if Indu Bhushan will breach the terms of the order dated 26.02.2026 in Criminal Miscellaneous No. 9984 of 2026, he will suffer the consequence, but then petitioner being his relative had absolutely no role to play in misappropriation of any amount of the informant.
5. Learned A.P.P. for the State as well as the learned
4/4 counsel appearing on behalf of the informant opposes the anticipatory bail application of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that Indu Bhushan has been granted the privilege of anticipatory bail with certain conditions.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Rajiv Nagar P.S. Case No. 460 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T