Nishant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76759 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Nishant Kumar S/o- Sri Vikash Kumar R/o - Bikku, P.S - Nardiganj, District - Nawada 2.
Prashant Kumar S/o- Sri Vikash Kumar R/o - Bikku, P.S - Nardiganj, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and the informant alleges that on account of dispute relating to planting grass on land of the informant, the accused persons came and abused and assaulted
Patna High Court CR. MISC. No.76759 of 2025(2) dt.01-12-2025 2/3 him and when his cousin intervened, Nishant threatened with knife and Prashant fired but missed while Vikash snatched his chain.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place. It is also submitted that informant very wisely has implicated all the accused persons with some allegation. It is next submitted that though against Nishant, it is alleged that he fired but then no one was injured nor any empty cartridges was recovered from the place of occurrence as such it appears that to give seriousness to the case, the said allegation was levelled. It is also submitted that as far as allegation of snatching chain is alleged the same is ornamental. It is further submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submission of the learned counsel appearing on
Patna High Court CR. MISC. No.76759 of 2025(2) dt.01-12-2025 3/3 behalf of the petitioners that on account of dispute relating to planting of grass on land, the occurrence is alleged to have taken place and no one was injured in the occurrence.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Nardiganj P.S. Case No.301/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners despite giving assurance to this court are not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. (Satyavrat Verma, J) amit/- U T