Nitish Basfor @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73725 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- AMNAUR District- Saran ====================================================== Nitish Basfor @ Nitish Kumar, S/O Bhola Basfor @ Bhola Ravat, R/O Village- Apahar, P.S- Amnour, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-11-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Amnour P.S. Case No. 254 of 2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 329(3), 352 and 351(2) of the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is of causing a daab blow over the head of the daughter of the informant, due to which she sustained serious injury, besides further allegation against other co-accused persons of causing assault and snatching valuables.
4. Learned Advocate appearing on behalf of the
Patna High Court CR. MISC. No.73725 of 2025(2) dt.20-11-2025 2/3 petitioner submits that in fact both the parties are agnates and because of a trifle, they entered into a free fight, resulting into institution of case and counter case being Amnour P.S. Case No. 253 of 2025 instituted by co-accused Bijli Basfor against the informant and her family members, which is earlier on point of time. So far the injury sustained to the daughter of the informant is concerned, the same is found to be simple in nature and this statement in this regard has been mentioned in paragraph no. 8, though in the impugned order, the nature of the injury has not been discussed. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that two injuries have been found over the head of the injured daughter of the informant, which is attributed to this petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the statement of the petitioner that the injuries have been found to be simple in nature, besides his fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court
Patna High Court CR. MISC. No.73725 of 2025(2) dt.20-11-2025 3/3 below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Saran in connection with Amnour P.S. Case No. 254 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 subject to the condition as laid down under Section 482(2) of the BNSS, with further following conditions:- (i) One of the bailors shall be the own/close family members of the petitioners.
(ii) In case the statement of the petitioner is found incorrect as stated in paragraph no. 8, the informant shall be at liberty to file application for cancellation of this bail. (Harish Kumar, J) supratim/- U T