Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 42584 (PAT)

Niraj Kumar v. The State of Bihar

CR. MISC./86378/2025 · 2026-02-04

Satyavrat Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86378 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- PARAIYA District- Gaya ====================================================== Niraj Kumar Son of Ramashish Yadav R/o Village - Tadma P.S. - Paraiya District - Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 04-02-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy, aged about 18 years and the informant alleges that on 13.05.2025, at 08:30 a.m., on account of dispute relating to passage, the accused persons including the petitioner came and assaulted him by lathi causing injury on his head, thereafter Vikash and Subhash assaulted the wife of the informant by lathi on her body. Further, petitioner and Khusbu assaulted the brother of the informant, namely, Mahesh by rod and lathi causing injury on his head and lips, thereafter Manoj and Patna High Court CR. MISC. No.86378 of 2025(2) dt.04-02-2026 2/3 Rakesh assaulted Surendra by rod causing injury on his head and above the right eye, thereafter Vikash threatened with pistol and desisted the villagers to help. Further, Subhash assaulted Mutur Devi by rod causing injury on her head and Jai Prakash along with Ramlakhan assaulted Ranju Devi and Khusbu snatched the chain of the wife of the informant. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation, as alleged in the FIR, it would manifest that on account of dispute relating to passage, the occurrence is alleged to have taken place. It is next submitted that on account of the said dispute, an altercation took place in which both sides assaulted each other and the petitioner is alleged to have assaulted Mahesh with rod causing injury on head along with Khusbu. It is also submitted that from perusal of the injury report of Mahesh, annexed as Annexure-2 to the anticipatory bail application, it would manifest that the injury has been opined to be simple in nature and the blow is not alleged to have been repeated. It is further submitted that petitioner is a young body aged about about 18 years and if he is sent to judicial custody, his entire career would get jeopardized Patna High Court CR. MISC. No.86378 of 2025(2) dt.04-02-2026 3/3 and chances are bright that he may come in contact with the hardened criminals. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 Paraiya P.S. Case No. 178 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C./482(2) of the BNSS. 7. One of the bailors of the petitioner shall be his brother, namely, Dheeraj Kumar. Kundan/- (Satyavrat Verma, J) U T