Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17664 of 2026 Arising Out of PS. Case No.-95 Year-2024 Thana- MAIGRA District- Gaya ====================================================== 1.
Niraj Kumar S/o- Ashok Das Vill- Sewati Tola Bara PS- Suhail Dist- Gayaji 2.
Surendra Das S/o- Late Ramswarup Das Vill- Sewati Tola Bara PS- Suhail Dist- Gayaji 3.
Rohit Das @ Rohit Kumar S/o- Surendra Das Vill- Sewati Tola Bara PSSuhail Dist- Gayaji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Maigra P.S. Case No. 95 of 2024 for the offence punishable under sections 352, 329(1) 126(2), 115(2), 117(2), 109, 3(5) of the BNS lodged on 07.12.2024 by the informant.
3. As per the prosecution case, the allegation against the petitioners is that they assaulted the brother of the informant, namely, Yugesh Das, on some petty issues. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.17664 of 2026(2) dt.25-03-2026 2/3 they have not committed any offence as alleged and the petitioners along with their whole family have falsely been implicated in this case due to oblique motive. From the injury report, it is evident that the injuries sustained by the informant's brother, Yugesh Das, is simple in nature caused by hard and blunt substance. The female members, who were made accused in this case, have already been granted anticipatory bail by the learned Trial Court itself vide ABP No. 295 of 2025 on 09.12.2025. Lastly, it has been submitted that the petitioners have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail, however, concedes that the petitioners have got clean antecedents and the other co-accused persons have already been granted anticipatory bail by the learned Trial Court itself.
6. Considering the nature of injury which is found to be simple in nature, the petitioners have got clean antecedents and the other co-accused persons have already been granted anticipatory bail by the learned Trial Court itself, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of
Patna High Court CR. MISC. No.17664 of 2026(2) dt.25-03-2026 3/3 Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya/the court concerned in connection with aforesaid PS Case, 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 of the petitioner(s) who shall provide official document 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/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 his/their bail bonds.
(Ajit Kumar, J) perwez U T