Patna High CourtCR. MISC./13180/2026disposed

Nitish Kumar @ Nitish Yadav v. The State Of Bihar

2026-04-29Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13180 of 2026 Arising Out of PS. Case No.-775 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Nitish Kumar @ Nitish Yadav S/o Virendra Yadav @ Birendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 2.

Satish Kumar @ Satish Yadav S/o Virendra Yadav @ Birendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 3.

Rohit Kumar @ Rohit Yadav S/o Surendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 4.

Ravi Kumar Yadav @ Ravi Yadav S/o Surendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 5.

Raja Kumar @ Raja Yadav S/o Surendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 6.

Abhishek Kumar Yadav @ Abhishek Yadav S/o Dharmendra Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur 7.

Ranjan Kumar Yadav @ Ranjan Yadav S/o Sudarshan Yadav R/o Village - Begampur, P.S - Ara Town, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar 2.

The State of Bihar The Advocate General of Bihar Patna High Court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP For the informant :

Mr. Ravindra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2026 Heard Mr. Arun Kumar Singh, learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Ara Town P.S. Case No. 775 of 2025 for the offence registered under sections 191(2), 190, 126(2), 117(2), 109(1), 352, 351(2) and 351(3) of the BNS.

2/5

3. As per the prosecution story, the informant alleged that due to land dispute, the accused persons armed variously came and assaulted the informant's side.

4. So far as the allegations are concerned, Birendra Yadav gave revolver's butt blow on the head of the informant causing injuries while Dharmendra Yadav assaulted Sita Yadav, wife of the informant which resulted into injury on the head and fracture in the hand. The assault theory is also attributed to Ravi and Abhishek Yadav who assaulted Aditya, again causing injury/ fracture. This led to the FIR.

4. Learned Counsel for the petitioners submit that exaggerated FIR is there in which all the family members have been rounded of though he concede that some of the injuries have been found to be grievous in nature.

5. Mr. Ravindra Kumar representing the informant submits that so far as the Birendra Yadav, Dharmendra Yadav, Ravi and Abhishek are concerned, direct allegation of assault/ causing injuries, some of which are found to be grievous in nature is/are there.

6. Considering the submissions of the parties aforesaid, so far as the petitioner nos. 4 and petitioner no. 6, namely Ravi Kumar and Abhishek Kumar are concerned, the

3/5 anticipatory bail application stands rejected.

7. Regarding petitioner nos. 1 to 3 and 5, 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav respectively are concerned, omnibus allegation is/are there, none have criminal antecedent, some of them are hardly 18 years of age, students, in that background, this Court is inclined to grant petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav the anticipatory bail with conditions.

7. Let the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 775 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and

4/5 Ranjan Kumar Yadav, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav 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 bail bond by the Trial court itself;

(iii) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court; (iv) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan Kumar Yadav 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;

(v) the petitioner nos. 1 to 3, 5 and 7, namely, Nitish Kumar, Satish Kumar, Rohit Kumar, Raja Kumar and Ranjan

5/5 Kumar Yadav shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J) Vijay Singh/- U