Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1511 of 2026 Arising Out of PS. Case No.-412 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Nitish Kumar Son of Sukhan Ray Resident of Ward No. 01, Gram- Supaul, P.S.- Angarghat, District- Samastipur, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Keshav Bhardwaj, Advocate.

For the Opposite Party/s :

Ms. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Samastipur Muffasil P.S. Case No.412 of 2025 for the offences registered under Sections 126(2), 115(2), 118(1), 109(1), 76, 352, 351(2), 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the informant and her elder son Rajeev Kumar were running two different shops at the west of Lucky Chowk near Pipaleshwar Sthan and while they were present at their shops, the petitioner alongwith Sudhir Kumar and other unknown co-accused persons armed with swords and lathis reached at the shop of son of informant Rajeev Kumar and attacked on him. It is alleged that due to assault, the son of informant flee from the place of occurrence and reached at the

Patna High Court CR. MISC. No.1511 of 2026(3) dt.24-02-2026 2/3 shop of informant but the accused persons chased him and reached at the shop of informant. It is further alleged that when the informant tried to save her son, she was pushed on the ground and was also assaulted by the accused persons due to which the informant and her son received injuries.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is a student and while returning from his coaching center, minor scuffle took place between the petitioner and an E-rickshaw driver, for which there is case and counter case between them. Learned counsel submits that the informant has not been treated in any hospital and so far as the son of informant is concerned, there is contradiction with respect to his treatment. He further submits that charge sheet has already been submitted in this case after completion of investigation. Learned counsel submits that petitioner has got clean antecedent, he is in custody since 07.10.2025 and he undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and the fact that petitioner is a student having clean antecedent and chargesheet has

Patna High Court CR. MISC. No.1511 of 2026(3) dt.24-02-2026 3/3 already been submitted in this case as well as the period of custody undergone by him, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Samastipur/ concerned Court in connection with Samastipur Muffasil P.S. Case No.412 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T