Patna High Court
Nawal Kishor Singh @ Nawal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bond and conditions under the B.N.S.S., 2023.
Summary
The petitioner, Nawal Kishor Singh, was named in an FIR for multiple offences under the Bharatiya Nyaya Sanhita, 2023, alleging that he attacked the informant's father with a sharp cutting weapon causing head injuries. The petitioner’s counsel argued that the injuries recorded were caused by a hard blunt object, not a sharp weapon, and that the dispute was agricultural and involved relatives, contending the petitioner’s innocence and clean antecedent. The State opposed bail, but the court noted the inconsistency between the FIR description and the medical report. Consequently, the court granted anticipatory bail, requiring a Rs.30,000 bond and compliance with conditions under Section 482(2) of the B.N.S.S., 2023. The trial court was directed to verify the petitioner’s criminal antecedents and cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted under the Bharatiya Nyaya Sanhita, 2023 for the offences alleged.
- Whether the discrepancy between the FIR description of a sharp weapon injury and the medical report of blunt-force injuries warrants bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 2(1)(d), 303(2), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- injury report
- FIR inconsistency
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10546 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Nawal Kishor Singh @ Nawal Kumar Singh Son of Ramnath Singh Resident
of Village - Bankatti Dakhin, Police Station - Baikunthpur, District -
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Suresh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Baikunthpur P.S. Case No. 260 of 2025 lodged on
19.07.2025, for the offence punishable under Section 126(2),
115(2), 118(2), 109(1), 303(2), 352, 351(3) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioner. It
has been alleged in the FIR that the petitioner has attacked the
informant’s father with sharp cutting weapon due to which
injury has been caused to him on his head and he became
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unconscious and fell down. The other accused persons also
assaulted the informant’s side with tangi, knife etc.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has committed no offence.
Senior counsel submits that for the same date and place of
occurrence, there are case and counter case from both the sides.
He further submits that from the content of the FIR, it become
crystal clear that due to agricultural related work, dispute
occurred between the parties. Senior counsel submits that both
the parties are relatives and resident of the same village. Senior
counsel submits that as per the FIR, the specific allegation
against the petitioner is that he has attacked the informant’s
father namely, Arun Kumar Singh by sharp cutting weapon due
to which injury has been caused. The injury report of the
informant’s father has been attached and from the injury report,
it become crystal clear that injury nos. 1 & 2 are grievous in
nature caused by hard and blunt substance and injury no.3 is
simple in nature caused by hard and blunt substance. Therefore,
he submits that all the three injuries are caused by hard and
blunt substance, but allegation against the petitioner is that he
has attacked by sharp cutting weapon. Therefore, the allegation
made in the FIR does not match with the injury on the victim to
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whom the petitioner has attacked. Senior counsel further
submits that the petitioner has clean antecedent and he is ready
to fulfill all the conditions whatsoever shall be imposed upon
him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the observation
made by the doctor in the injury report does not match with the
injury alleged in the FIR.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Judicial Magistrate 1st Class, Gopalganj, in
connection with Baikunthpur P.S. Case No. 260 of 2025, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
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bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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