Patna High Court
Naveen Kumar @ Naveen Yadav @ Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Naveen Kumar, was arrested on 15 November 2025 in connection with a case involving alleged assault and interception of an informant, charged under Sections 115(1), 126(2), 352, 351(2), 109(1) and 3(5) of the B.N.S. He applied for bail, asserting a clean criminal record and claiming the allegations were fabricated, noting that co‑accused had already been released on bail. The State opposed the bail application, emphasizing the seriousness of the offences. The court examined the facts, the existence of a case and counter‑case, and the petitioner’s antecedents. Finding that the petitioner had no prior convictions and that bail conditions could safeguard the trial, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to strict compliance conditions. The order also directed the lower court to verify the petitioner’s antecedents and to cancel bail if any concealment or tampering with evidence occurs.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences charged under the B.N.S.
- Whether the existence of a case and counter‑case influences the grant of bail
- Whether a clean criminal antecedent is sufficient ground for bail
Legislation cited
- B.N.S. — s. 109(1), 115(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- case and counter case
- clean antecedent
- B.N.S.
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1865 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- Singhaul District- Begusarai
======================================================
Naveen Kumar @ Naveen Yadav @ Navin Kumar Son of Hiralal Yadav
Resident of Village- Sushil Nagar, P.S.- Singhaul in the district of Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner and Mr. Nagendra Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.11.2025 in connection with Singhaul P.S. Case No. 169 of
2025, F.I.R. dated 15.10.2025 for the offences punishable under
Sections 115(1), 126(2), 352, 351(2), 109(1), 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have intercepted the informant
and started assaulting him by iron rod, khanti, lathi, bricks etc.
Petitioner is alleged to have assaulted one Ajay Yadav on his
head by Khanti due to which he suffered head injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and and the allegation as alleged
Patna High Court CR. MISC. No.1865 of 2026(2) dt.19-01-2026
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is false and fabricated. Although, the petitioner is named in the
F.I.R. and the allegation against him is that he assaulted one
Ajay Yadav on his head by means of khanti blow and Ajay
Yadav receives head injury. There is case and counter case and
petitioner side also received injury in the counter case and the
co-accused Sabo Devi, Fudo Devi, Pinkesh Kumar and others
have been granted bail by lower court itself. The petitioner is in
custody since 15.11.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is case and counter
case, 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
Additional Chief Judicial Magistrate-IV, Begusarai in
connection with Singhaul P.S. Case No. 169 of 2025, with the
following conditions:
i. Petitioner 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 her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.1865 of 2026(2) dt.19-01-2026
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reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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