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Patna High Court

Navin Kumar Shah @ Navin Kumar Sah @ Om Prakash Gupta @ Navin SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the appellant is released on bail with conditions.

Summary

The appellant, Navin Kumar Shah, was charged under several provisions of the Bihar Narcotic Substances Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman, Ramanti Devi, and her son during a land dispute. The trial court refused regular bail, prompting an appeal under Section 14(A)(2) of the Criminal Procedure Code. The appellant argued he had a clean antecedent and was falsely implicated, contending that the injury to the woman was simple and that another accused, Aditya Kumar, was responsible for the assault on the son. The prosecution contested the nature of the injuries and the appellant's eligibility for bail. The Patna High Court, after considering the facts, set aside the lower court’s order and granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, and verification of criminal antecedent. The appeal was allowed.

Issues considered

  • Whether the appellant is entitled to regular bail despite charges under the BNS Act and the SC/ST (Prevention of Atrocities) Act.
  • Whether the nature of the injury (simple or grievous) affects the grant of bail.
  • Whether the appellant's criminal antecedent or concealment thereof warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • Bihar Narcotic Substances Act
  • assault
  • land dispute
  • criminal antecedent
  • regular bail
  • Section 14(A)(2)

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.211 of 2026
                     Arising Out of PS. Case No.-163 Year-2025 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Navin Kumar Shah @ Navin Kumar Sah @ Om Prakash Gupta @ Navin Sah
                 S/o Vramha Sah @ Varma Sah R/o Village- Pachalkhi, PS- Nautan, Distt-
                 Siwan

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ramanti Devi W/o Chhote Manjhi R/o vill - Ratanchak, P.s.- Hathua, Distt.-
                 Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Suresh Prasad Bhakta, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 For the Respondent No.2:        Mr. Rajen Sahay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   18-06-2026                  Heard Mr. Suresh Prasad Bhakta, learned counsel for

                   the appellant, Mr. Rajen Sahay, learned counsel appearing on

                   behalf of the Respondent No. 2 as well as Mr. Sadanand

                   Paswan, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 23.12.2025

                   passed by the learned Court of District & Additional Sessions

                   Judge-XI-cum-Special Judge, (SC/ST) Act, Gopalganj in

                   connection with Hathua P.S. Case No. 163 of 2025, F.I.R. dated

                   10.06.2025 registered under Sections 126(2), 115(2), 118, 109,

                   303(20, 352 and 351(3) of the BNS, 2023 and Sections 3(1),

                   3(1)(ध), 3(1)(द), 3(2)(v) of the Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.211 of 2026(4) dt.18-06-2026
                                             2/4




          Tribes Act (Prevention of Atrocities) Act.

                       3. According to the prosecution case, over a land

          dispute this appellant along with other accused persons

          variously armed with weapons have assaulted to the

          informant/respondent no. 2 and her son due to which both of

          them have sustained injuries.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. It appears from the FIR itself,

          that due to some previous dispute the present occurrence has

          taken place. Although there is specific allegation against the

          appellant that he has assaulted to Ramanti Devi but it appears

          from the impugned order that the injury inflicted upon Ramanti

          Devi is simple in nature and as far as allegation of assault

          against the son of Ramanti Devi is concerned, learned counsel

          submits that it appears from the FIR itself that one Aditya

          Kumar has assaulted to the son of Ramanti Devi. He further

          submits that the police, after investigation, submitted charge

          sheet against the appellant. The appellant is in custody since

          02.12.2025.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor
Patna High Court CR. APP (SJ) No.211 of 2026(4) dt.18-06-2026
                                             3/4




          for the State have vehemently opposed the prayer for bail of the

          appellant and submits that from perusal of the impugned order it

          is not clear that whether the injury inflicted upon Ramanti Devi

          is simple or grievous in nature.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the appellant, 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

          learned Court of District & Additional Sessions Judge-XI-cum-

          Special Judge, (SC/ST) Act, Gopalganj in connection with

          Hathua P.S. Case No. 163 of 2025,                     with other following

          conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at
            Patna High Court CR. APP (SJ) No.211 of 2026(4) dt.18-06-2026
                                                         4/4




                      any stage it is found that the appellant have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. 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.

                                   7. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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