Nirajal Kumar @ Nirjal Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33573 of 2026

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Arising Out of PS. Case No.-287 Year-2025 Thana- IMAMGANJ District- Gaya

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Nirajal Kumar @ Nirjal Kumar, S/o Nanhu Bharti @ Nanu Bhuiyan R/o Vill. - Kosama, P.S. - Imamganj, Dist. - Gaya.

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Nitish Kumar, S/o Nanhu Bharti @ Nanu Bhuiyan R/o Vill. - Kosama, P.S. - Imamganj, Dist. - Gaya.

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Niranjan Kumar, S/o Naresh Bharti R/o Vill. - Kosama, P.S. - Imamganj, Dist. - Gaya.

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Kundan Bharti @ Kundan Kumar, S/o Basant Bharti R/o Vill. - Kosama, P.S. - Imamganj, Dist. - Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 19-05-2026 Heard learned counsel for the petitioner and learned

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A.P.P. for the State through virtual mode.

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Petitioners apprehend their arrest in connection

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with Imamganj P.S. Case No.287 of 2025 registered for the offences under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 74, 333, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.

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As per the prosecution case, the informant has alleged that while he was returning home after purchasing household articles, the accused Raju Bharti and Rahul Bharti, who were in an inebriated condition, started abusing him. It is

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Patna High Court CR. MISC. No.33573 of 2026(2) dt.19-05-2026 2/4

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alleged that thereafter, the informant came to his house and subsequently, the petitioners along with others entered the house of the informant and it is alleged that Rahul Bharti gave an iron rod blow, causing a fracture on his head and he also tried to outrage the modesty of his daugther.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case in a concocted story and no such incident as alleged had occurred. It has further been submitted that the allegations upon the petitioners are general and omnibus in nature and no specific overt act has been lodged against the petitioners, rather, the same has been lodged against one Rahul Bharti and Raju Bharti. It has been pointed out that even the injuries were found to be simple in nature. It has lastly been submitted that petitioners have clean antecedent.

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Learned APP for the State has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

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Patna High Court CR. MISC. No.33573 of 2026(2) dt.19-05-2026 3/4

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bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Imamganj P.S. Case No.287 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:-

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(i) One of the bailors of the petitioners shall be their close relative.

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(ii) The petitioners shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.

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(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond.

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(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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