Nitish Kumar @ Nitish Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Nitish Kumar @ Nitish Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released in the event of arrest or surrender before the Trial Court within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur, in connection with Minapur P.S. Case No.335 of 2023, subject to conditions under Section 438(2) Cr.PC.

Issue for consideration

Whether the petitioner, who apprehends arrest in Minapur P.S. Case No. 335 of 2023 (offences punishable under Sections 147, 148, 149, 307, 341, 323, 504, 506, 379 IPC), should be released on anticipatory bail.

Court's answer

On perusal of the First Information Report and the impugned order dated 01.11.2025, there is no specific allegation of assault against the present petitioner, and the petitioner has no criminal antecedent as stated in para-3 of the bail petition.

Ratio / Principle

Considering all facts and circumstances and the submissions of learned counsel, the petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the Trial Court within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur, subject to the conditions under Section 438(2) Cr.PC.

Detailed headnote1 paragraphs

Anticipatory bail granted (S. 438 Cr.PC) — Minapur P.S. Case No. 335 of 2023, Muzaffarpur, offences under Sections 147, 148, 149, 307, 341, 323, 504, 506, 379 IPC — FIR alleges incident of 04.08.2023 by petitioner and co-accured armed with sword, lathi, danda and farsa; informant's father sustained head injury and a gold Hanumaani was snatched — Court found, on perusal of the FIR and the impugned order dated 01.11.2025, that there is no specific allegation of assault against the petitioner and that he has no criminal antecedent — bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Judicial Magistrate-1st Class, Muzaffarpur, subject to conditions under Section 438(2) Cr.PC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5854 of 2026

Arising Out of PS. Case No.-335 Year-2023 Thana- MINAPUR District- Muzaffarpur

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

Nitish Kumar @ Nitish Prasad, aged about-27 years, Son of Jitendra Prasad R/o Village - Mahadiya, P.S. - Minapur, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : ===================	Mr. Arvind Kumar, Advocate Mr. Anil Prasad Singh, APP ===================================
CORAM: HONOURABL MALVIYA	E MR. JUSTICE RAMESH CHAND

ORAL ORDER

2 04-02-2026

Heard learned counsel for the petitioner and learned APP

for the State.

The petitioner apprehends his arrest in connection with Minapur P.S. Case No. 335 of 2023 instituted for the offences punishable under Sections 147, 148, 149, 307, 341, 323, 504, 506, 379 of the IPC.

As per the allegation in the FIR, on 04.08.2023, petitioner along with other co-accused persons armed with sword, Lathi, danda and farsa started abusing and assaulting the informant. It is further alleged that when informant’s father came to rescue him then the accused persons hit him (informant’s father) also upon which he sustained head injury. One of the co-accused person also snatched a gold Hanumaani from the informant.

Patna High Court CR. MISC. No.5854 of 2026(2) dt.04-02-2026 2/3

Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. He submits that there is no specific allegation against this petitioner rather specific allegation of assault is against other co-accused persons. He next submits that petitioner is only alleged to be member of the mob. He next submits that there is admitted land dispute between the parties. He further submits that petitioner has got clean antecedent as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

From perusal of the First Information Report and the impugned order dated 01.11.2025, it appears that there is no specific allegation of assault against the present petitioner and also the fact that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. So, considering all facts and circumstances of the case and submissions made by learned counsel for the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5854 of 2026(2) dt.04-02-2026 3/3

satisfaction learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Minapur P.S. Case No.335 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.PC.

(Ramesh Chand Malviya, J)

Harshita/-

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