Niskarsh Raj @ Nishkarsh Raj @ Nishkarsh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30176 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Niskarsh Raj @ Nishkarsh Raj @ Nishkarsh S/o- Raj Kumar Resident of L1/47, Shri Krishna Puri, PS - Shri Krishna Puri, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brisketu Sharan Pandey, Adv.
For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with S.K. Puri P.S. Case No. 19 of 2026 lodged on 17.01.2026, for the offence punishable under Sections 109, 115(2), 118, 126(2), 127(2), 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner and some unknown persons. It has been alleged that when the informant's son was playing badminton, then in the meantime, one co-accused person namely, Ratan Tara started making personal comment, due to which, scuffling took place and he
Patna High Court CR. MISC. No.30176 of 2026(2) dt.07-05-2026 2/3 also snatched one golden chain from the informant's son. Thereafter, when the informant went to the house of that coaccused person, then all the accused persons came and assaulted the informant's son and also threatened on gun point due to which he become unconscious and fell down and subsequently, referred to the hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that in the entire FIR, there is general and omnibus allegation against the petitioner. He submits that there is neither any act or overt act against the petitioner. He further submits that the petitioner has clean antecedent and he has been made accused in this case only due to the reason that he is the brother of said co-accused person.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that from the bare reading of the FIR, it transpires that there is no material against the present petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.30176 of 2026(2) dt.07-05-2026 3/3 bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of S.D.J.M., Patna, in connection with S.K. Puri P.S. Case No. 19 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T