Allowed¶22

Durgesh Kumar v. The State of Bihar

Patna HC23 Mar 2026CR. MISC./12583/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed; BNS 2023 offences Ss.115(2), 117(2), 126(2), 74, 303(2), 110, 351, 352, 3(5) and added S.109; Harsidhi P.S. Case No. 433 of 2025; Thana Harsiddhi, District East Champaran; cross FIR No. 437 of 2025; eight-day delay in FIR (occurrence 20.06.2025, FIR 28.06.2025); injuries simple (Annexure-2), blow not repeated; bail bond Rs. 10,000 with two sureties; six-week window for arrest/surrender; conditions under Section 482(2) BNSS; Patna High Court; Satyavrat Verma, J.; decided 23-03-2026.

What did the court decide?

Anticipatory bail application allowed: petitioner to be released on arrest or surrender within six weeks on bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the trial court in connection with Harsidhi P.S. Case No. 433 of 2025, subject to conditions under Section 482(2) BNSS.

Durgesh Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Harsidhi P.S. Case No. 433 of 2025 registered under Sections 115(2), 117(2), 126(2), 74, 303(2), 110, 351, 352, 3(5) (and later 109) of the BNS, 2023, is entitled to anticipatory bail.

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Court's answer

The learned A.P.P. for the State and the informant's counsel opposed the application but could not rebut that the FIR was instituted after a delay of eight days, the injuries were opined simple, and the blow was not alleged to have been repeated; these considerations weighed with the Court in granting bail.

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Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.

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Key takeaways

Bail is to the satisfaction of the learned trial court where Harsidhi P.S. Case No. 433 of 2025 is pending (or successor court), subject to the conditions laid down under Section 482(2) of BNSS.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), Criminal Miscellaneous No. 12555 of 2026, decided 23-03-2026: Anticipatory bail application of Nitish Kumar @ Nitesh Kumar, apprehending arrest in Harsidhi P.S. Case No. 433 of 2025 (District East Champaran) for offences punishable under Sections 115(2), 117(2), 126(2), 74, 303(2), 110, 351, 352 and 3(5) of the BNS, 2023 (with Section 109 BNS later added), allowed. Grant rested on: injury opined simple (Annexure-2) with no repeated blow, existence of cross FIR (Harsidhi P.S. Case No. 437 of 2025) at the instance of the petitioner's side, and eight-day unexplained delay between occurrence (20.06.2025) and institution of FIR (28.06.2025) - facts which the State A.P.P. and informant's counsel could not rebut. Bail bond of Rs. 10,000/- with two like sureties, upon arrest or surrender within six weeks, to the satisfaction of the trial court, subject to conditions under Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12555 of 2026

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Arising Out of PS. Case No.-433 Year-2025 Thana- HARSIDHI District- East Champaran

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

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Nitish Kumar @ Nitesh Kumar S/O Akhileshwar Prasad R/O VillageSewrahan, P.S- Harsiddhi, Distt.- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Mr. Harsh Shashwat, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-03-2026

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Heard learned counsel for the petitioner, learned

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A.P.P. for the State and the learned counsel appearing on behalf of the informant.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 115(2), 117(2), 126(2), 74, 303(2), 110, 351, 352 and 3(5) of the BNS, 2023 and later Section 109 of BNS was added.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner came on 20.06.2025 at 08:00 AM, further on orders of Akhileshwar, accused Sunaina and Rina dashed her on the ground and assaulted on chest and stomach, thereafter, Raja assaulted her

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Patna High Court CR. MISC. No.12555 of 2026(2) dt.23-03-2026 2/3

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husband by axe causing injury on head while petitioner assaulted Dipendra by rod causing injury on head and Rinki snatched her gold chain.

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Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that petitioner and the informant are agnates and are having dispute relating to property. It is next submitted that even presuming what has been alleged is true without admitting then the injury suffered by the injured has been opined to be simple in nature (Annexure-2), and the blow is not alleged to have been repeated. It is further submitted that from side of the petitioner Harsidhi P.S. Case No. 437 of 2025 has been instituted against the informant and their side. It is also submitted that the date of occurrence is 20.06.2025 and the FIR came to be instituted on 28.06.2025 i.e. after a delay of eight days without any plausible explanation which also casts an aspersion on the case of the prosecution.

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Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the FIR was instituted

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Patna High Court CR. MISC. No.12555 of 2026(2) dt.23-03-2026 3/3

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after a delay of eight days and the injury suffered by the injured has been opined to be simple and the blow is not alleged to have been repeated.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 433 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

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7. Accordingly, the instant anticipatory bail application is allowed.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Durgesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Durgesh Kumar v. The State of Bihar

Case brief

What is this about?

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