Nandan Kumar @ Nandan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Nandan Kumar @ Nandan Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail granted to both petitioners: release on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned ACJM-Ist, Hilsa, Nalanda, in connection with Islampur P.S. Case No. 599 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Islampur P.S. Case No. 599 of 2024 for offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 109, 303(2), 352, 351(3) of the BNS, are entitled to be released on bail in the event of their arrest or surrender (pre-arrest/anticipatory bail, conditioned under Section 438(2) Cr.P.C.).

Court's answer

Both petitioners shall, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned ACJM-Ist, Hilsa, Nalanda, in connection with Islampur P.S. Case No. 599 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court allowed the application of two petitioners (Nandan Kumar @ Nandan Singh and Harshit Kumar @ Harshit Singh) apprehending arrest in Islampur P.S. Case No. 599 of 2024 (District Nalanda), registered for offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 109, 303(2), 352, 351(3) of the BNS, arising from an alleged assault on the informant near Bele Balbo bridge on 02.11.2024 in which Mantu Singh allegedly hit him with an iron rod, petitioner no. 2 with the butt of a pistol and others with lathis, and Lav Kumar allegedly took Rs. 25,000/-. Noting the defence plea of false implication, negligent driving as the trigger and simple injuries, the Court directed that in the event of arrest or surrender within four weeks the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned ACJM-Ist, Hilsa, Nalanda, subject to the conditions under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29880 of 2025

Arising Out of PS. Case No.-599 Year-2024 Thana- ISLAMPUR District- Nalanda

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

Nandan Kumar @ Nandan Singh S/o Anup Singh R/o Village- Balwapar, PS- Islampur, District- Nalanda

Harshit Kumar @ Harshit Singh S/o Sanjay Singh R/o Village- Balwapar, PS- Islampur, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

5 02-12-2025

Heard learned counsel for the petitioners as well as the

learned APP for the State.

The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 599 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 109, 303(2), 352, 351(3) of the BNS.

As per the written report of the informant Vishwas Singh, on 02.11.2024 at about 07:30 AM near Bele Balbo bridge, the accused persons stopped his motorcycle and assaulted him. Mantu Singh hit him on the head with an iron rod, petitioner no. 2 struck him with the butt of a pistol and others beat him with lathi , causing serious injuries. Lav Kumar also took Rs. 25,000/- from his pocket and they threatened to kill him.

Patna High Court CR. MISC. No.29880 of 2025(5) dt.02-12-2025 2/2

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The reason behind the occurrence is the negligent driving of the motorcycle. The injuries are simple in nature.

On the other hand, learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Hilsa, Nalanda in connection with Islampur P.S. Case No. 599 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

Nirmal/- U T