Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Impugned rejection of pre-arrest bail set aside; appellant directed to be released on bail in the event of arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to provision of caste certificate showing he belongs to scheduled caste as claimed and conditions under Section 438(2) Cr.P.C / 482(2) BNSS; appeal disposed of.

Issue for consideration

Whether the appellant is entitled to pre-arrest bail in Nimchak Bathani P.S. Case No. 44 of 2024 despite the rejection of his prayer by the learned Spl. Judge, SC/ST, Gaya on 30.07.2024, given that the specific allegation of abusing and assaulting the informant is against co-accused Rahul Yadav while the allegation against the appellant is limited to snatching. +1 more

Court's answer

On perusal of the FIR and the impugned order, the Court found that the specific allegation of abusing and assaulting the informant is against co-accused Rahul Yadav, whereas the allegation against the appellant is of snatching the motorcycle key and the silver chain of the informant's friend.

Ratio / Principle

The appellant, above named, who has clean antecedent, is directed to be released on bail in the event of his arrest or surrender before the learned District Court within a period of four weeks.

Key takeaways

Release on bail is on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned District Court where the case is pending.ratio¶23
Bail is subject to the condition that at the time of furnishing the bail bond the petitioner provides his caste certificate showing that he belongs to the scheduled caste as claimed by him, together with the further conditions laid down under Section 438(2) of the Cr.P.C / 482(2) of the BNSS.ratio¶23

Detailed headnote1 paragraphs

PATNA HIGH COURT | Criminal Appeal (SJ) No.4186 of 2024 | Decided 12-11-2025 | Purnendu Singh, J. Appeal under Section 14(A)(2) of the SC/ST (POA) Act against rejection dated 30.07.2024 by the learned Spl. Judge, SC/ST, Gaya, of the prayer for pre-arrest bail in connection with Nimchak Bathani P.S. Case No. 44 of 2024 registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST (POA) Act. As per the FIR, while the informant and his friend were going to Tetua Mangla Hat on a motorcycle, the accused stopped them; co-accused Rahul Yadav, on the strength of arms, abused and assaulted the informant and snatched his gold locket, while another co-accused snatched Rs. 20,000/-; the allegation against the appellant was of snatching the friend's silver chain and the motorcycle key. Held: the specific allegation of abusing and assaulting the informant is against co-accused Rahul Yadav and the allegation against the appellant is only of snatching the motorcycle key and the silver chain; in absence of any material evidence in this regard, the appellant, who has clean antecedent, is directed to be released on bail in the event of his arrest or surrender within four weeks on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the condition that at the time of furnishing the bail bond he provides his caste certificate showing that he belongs to the scheduled caste as claimed by him, and subject to the conditions under Section 438(2) Cr.P.C / 482(2) BNSS. Impugned order set aside; appeal disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4186 of 2024

Arising Out of PS. Case No.-44 Year-2024 Thana- NIMCHAKBATHANI District- Gaya

======================================================

Nitish Kumar S/O Suchit Chaudhary @ Nanku Chaudhary R/O VillageSahora Pathari, P.S- Atri, Distt.- Gaya.

... ... Appellant/s

Versus

The State of Bihar

Vikash Kumar S/O Saryu Chaudhary R/O Village- Dharmuchak, P.SNimchak Bathani, Distt.- Gaya.

... ... Respondent/s

======================================================

Appearance : For the Appellant/s : Mr.Arvind Kumar Singh, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl. PP For O.P. No.2 : Ms. Swati Parmar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 12-11-2025

Heard learned counsel for the appellant; learned Spl. PP for the State and learned counsel for O.P. No.2.

The appellant has preferred the appeal under Section 14(A)(2) of the SC/ST (POA) Act against the rejection of prayer for pre-arrest bail vide order dated 30.07.2024 passed by learned Spl. Judge, SC/ST Gaya in connection with Nimchak Bathani P.S. Case No. 44 of 2024 registered under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST (POA) Act.

As per the allegation made in the F.I.R., while the informant along with his friend was going to Tetua Mangla Hat on motorcycle, the accused persons named therein including the

Patna High Court CR. APP (SJ) No.4186 of 2024(3) dt.12-11-2025 2/3

appellant stopped them and thereafter one co-accused Rahul Yadav, on the strength of arms, abused, assaulted and snatched the gold locket of the informant, while the other co-accused snatched Rs.20,000/- from him. Allegation against the petitioner is of snatching a silver chain from the neck of the friend of the informant and of snatching key of motorcycle.

Learned counsel appearing on behalf of the appellant submitted that appellant is innocent and has falsely been implicated in the present case. He further submitted that the appellant also belongs to the same caste. He further submitted that specific allegation of abusing and assaulting the informant is against co-accused, Rahul Yadav. Appellant has clean antecedent.

Learned counsel appearing on behalf of the informant and Spl. PP for the State have opposed the prayer for grant of bail to the appellant.

Having heard the rival submissions made on behalf of the parties, as well as, having perused the FIR and the impugned order, I find that specific allegation of abusing and assaulting the informant is against co-accused Rahul Yadav and allegation against appellant is of snatching the key of the motorcycle and silver chain of the friend of the informant. In

Patna High Court CR. APP (SJ) No.4186 of 2024(3) dt.12-11-2025 3/3

absence of any material evidence in this regard, the appellant, above named, who has clean antecedent, is directed to be released on bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Bathani P.S. Case No. 44 of 2024, subject to the condition that at the time of furnishing of bail bond, the petitioner will provide his caste certificate, showing that he belongs to scheduled caste, as claimed by him and with further condition as laid down under Section 438 (2) of the Cr.P.C / 482 (2) of the BNSS.

Accordingly, the impugned order is set aside and appeal is disposed of.

(Purnendu Singh, J)

Sanjay/-

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