Niraj Kumar @ Niraj Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Niraj Kumar @ Niraj Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIII, Patna/concerned Court below, subject to conditions of regular trial attendance and cooperation, resignation from the post of Secretary of the Apartment, non-interference in the association's functioning, and keeping away from the informant and his flat; breach to entail cancellation of bail bonds.

Issue for consideration

Whether the petitioner, in custody since 02.03.2025 in Gardanibagh P.S. Case No. 140 of 2025 (offences under Sections 329(4), 126(2), 115(2), 118(1), 109, 303(2), 74 and 352 BNS, 2023), should be released on regular bail in his second attempt, the first having been rejected.

Court's answer

Taking into account the period of custody undergone by the petitioner and the delay in trial, the second application for regular bail is allowed.

Ratio / Principle

The petitioner is to be released 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 A.C.J.M.-XIII, Patna / concerned Court below in connection with Gardanibagh P.S. Case No. 140 of 2025.

Key takeaways

Release on bail is made subject to conditions: (i) regular appearance in and cooperation with the trial personally or through counsel, failing which the bail bond shall stand cancelled; and (ii) resignation from the post of Secretary of the Apartment, non-interference in the day-to-day functioning of the apartment association, and keeping away from the informant's flat and the informant, failing which the bail bonds shall stand cancelled.ratio¶7(ii)

Detailed headnote1 paragraphs

Bail — regular bail — second attempt — allowed. The Patna High Court granted regular bail to the petitioner in Gardanibagh P.S. Case No. 140 of 2025, registered for offences under Sections 329(4), 126(2), 115(2), 118(1), 109, 303(2), 74 and 352 of the Bharatiya Nyaya Sanhita, 2023, arising out of a petty apartment dispute in which the petitioner allegedly stabbed the informant. The earlier bail prayer had been rejected in Cr. Misc. No. 25944 of 2025 dated 02.05.2025. The petitioner was in custody since 02.03.2025 and the charge had not yet been framed. Considering the period of custody and the delay in trial, the Court admitted the application and directed release on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIII, Patna, subject to conditions: regular appearance in and cooperation with the trial (default entailing cancellation of the bail bond); resignation from the post of Secretary of the Apartment and non-interference in the day-to-day functioning of the association; and abstention from going near the informant's flat or the informant (default entailing cancellation of the bail bonds).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65149 of 2025

Arising Out of PS. Case No.-140 Year-2025 Thana- GARDANIBAG District- Patna

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

Niraj Kumar @ Niraj Singh S/o Late Bipin Kumar Singh Resident of Flat No 305B, Vishnu Plaza Apartment Road No 16, PS- Gardanibagh, District- Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Diwanshu Kumar For the Opposite Party/s : Mr. Mithlesh Kumar Khare Mr. Arbind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 16-01-2026

Heard Mr. Krishna Pd. Singh, the learned Senior

counsel for the petitioner and the learned APP for the State.

2 . This is the 2^nd attempt of the petitioner for regular bail in connection with Gardanibagh P.S. Case No. 140 of 2025 registered for the offence under Sections 329(4), 126(2), 115(2), 118(1), 109, 303(2), 74 and 352 of the Bharatiya Nyaya Sanhita, 2023. Earlier the prayer of the petitioner for bail was rejected vide Cr. Misc. No. 25944 of 2025 dated 02.05.2025.

3 . As per the prosecution case, for a petty dispute in the apartment, the petitioner and the informant have fought and the petitioner is said to have stabbed the informant.

4 . Learned Senior counsel for the petitioner submits that the petitioner is innocent and has not committed any

Patna High Court CR. MISC. No.65149 of 2025(3) dt.16-01-2026 2/3

offence. Petitioner is in custody since 02.03.2025. He further submits that the charge has not been framed yet. He further submits that the petitioner will resign from the post of Secretary of the Apartment and he will not interfere in the day to day functioning of the association of the apartment. He will also not go near the flat of the informant or near the informant.

5 . Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

6 . Considering the period of custody and the delay in trial, this application for regular bail is allowed.

7 . Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,-XIII, Patna/concerned Court below in connection with Gardanibagh P.S. Case No. 140 of 2025 subject to condition that:-

(i). The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(ii). The petitioner will resign from the post of Secretary of the Apartment and he will not interfere in the day to day functioning of the association of the apartment. He will also not go near the flat

Patna High Court CR. MISC. No.65149 of 2025(3) dt.16-01-2026 3/3

of the informant or near to the informant, failure to do so will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J)

Shishir/-

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