Nilesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Nilesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within four weeks; on arrest or surrender in connection with Ara Nawada P.S. Case No. 941 of 2024, to be enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, subject to conditions under section 438(2) Cr.P.C./Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in Ara Nawada P.S. Case No. 941 of 2024 (offence under Sections 309(4) BNS), should be enlarged on anticipatory bail.

Court's answer

The Court is inclined to enlarge the petitioner on bail (anticipatory bail granted).

Ratio / Principle

Petitioner directed to surrender in the Court below within four weeks; in the event of arrest or surrender in connection with Ara Nawada P.S. Case No. 941 of 2024, he is to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions under section 438(2) Cr.P.C./Section 482(2) BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner sought pre-arrest bail in Ara Nawada P.S. Case No. 941 of 2024, registered for offence under Sections 309(4) BNS, alleging that three miscreants on a bike snatched the informant's mobile phone and assaulted him while he was returning from coaching classes. Petitioner's name surfaced only through the confessional statement of co-accused Dipak Pandaya; no recovery was made from the petitioner and no TIP was conducted; the State opposed bail citing one criminal antecedent. The Patna High Court (Ashok Kumar Pandey, J) directed the petitioner to surrender within four weeks and ordered his enlargement on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions under section 438(2) Cr.P.C./Section 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24499 of 2026

Arising Out of PS. Case No.-941 Year-2024 Thana- ARA NAWADA District- Bhojpur

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

Nilesh Kumar S/o- Mahendar Pal R/v- Itwa Ps- Shahpur Dist-Bhojpur

... ... Petitioner/s

Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Akanksha Malviya, Advocate Mr. Akash Kishore, Advocate Ms. Naina Navya, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 15-05-2026

Heard learned counsel for the petitioner and learned

APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ara Nawada P.S. Case no. 941 of 2024 instituted for the offence under Sections 309 (4) of the BNS.

3. The case of the prosecution is that while the informant was returning from coaching classes, three miscreants arrived on a bike, snatched his mobile phone and brutally assaulted.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the FIR was lodged against unknown miscreants. During the Course of investigation, one Dipak Pandaya was apprehended and he

Patna High Court CR. MISC. No.24499 of 2026(2) dt.15-05-2026 2/2

has given his confessional statement. The name of the petitioner has surfaced on the basis of the confessional statement of coaccused. It is further submitted that no recovery has been made from the possession of this petitioner. It is further submitted that the petitioner has not put on Test Identification Parade (TIP).

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner stating that the petitioner has one criminal antecedent.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ara Nawada P.S. Case no. 941 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.

(Ashok Kumar Pandey, J)

Jagdish/-

U T