Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20338 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- MANPUR District- Nalanda ====================================================== 1.
Nitish Kumar S/O Naresh Yadav R/O Village- Dammor Bigha, P.S- Manpur, District- Nalanda.
2.
Pursottam Kumar @ Purushottam Kumar S/O Naresh Yadav R/O VillageDammor Bigha, P.S- Manpur, District- Nalanda. 3.
Uday Yadav S/O Naresh Yadav R/O Village- Dammor Bigha, P.S- Manpur, District- Nalanda.
4.
Bibhusan Kumar @ Bibhishan Kumar S/O Naresh Yadav R/O VillageDammor Bigha, P.S- Manpur, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Raj Kishor Prasad, Advocate Mr. Ashok Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard Mr. Raj Kishor Prasad, learned counsel appearing on behalf of the petitioners and Mr. Pramod Kumar Pandey, learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, on the alleged date and time of occurrence, all these accused petitioners assaulted informant and his family members by means of Khanti and stick.
Patna High Court CR. MISC. No.20338 of 2025(2) dt.22-04-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, petitioners are own brothers of informant and due to dispute with regard to partition of ancestral property, simple maar-peet took place between the parties. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. It is further submitted that during pendency of this case, dispute between the parties has already been settled and a joint compromise petition to that effect has also been filed before the learned trial court. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the general and omnibus nature of accusation, fact that dispute between the parties has already been settled and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.20338 of 2025(2) dt.22-04-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 151 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T