Created by Fuzzy Cloud

Patna High Court

Navneet Singh @ KanhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioners, subject to strict conditions, as there was no sufficient ground to deny bail.

Summary

Navneet Singh and Rahul Paswan applied for anticipatory bail fearing arrest in Bahadurpur P.S. Case No. 463 of 2025, which alleged assault on an informant under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed the accused assaulted the informant with a knife and an iron rod, while the petitioners contended they were falsely implicated over a minor personal dispute and that the injuries were superficial. The petitioners argued they had no prior criminal record and that specific allegations against Navneet Singh were absent. The State opposed the bail, citing the seriousness of the offences. The High Court, after considering the facts and submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing the petitioners to furnish bail bonds and comply with stipulated conditions. The order emphasized that the observations would not affect the trial and the application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
  • Whether the petitioners are likely to flee, tamper with evidence, or otherwise obstruct the investigation.
  • Whether the allegations against the petitioners constitute a ground to deny anticipatory bail under Section 438 CrPC and Section 482 B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33651 of 2026

                  Arising Out of PS. Case No.-463 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
           1.    Navneet Singh @ Kanhiya, Son of - Harivansh Narayan Singh @ Ful Babu;
           2.    Rahul Paswan, Son of Upendra Paswan;
                 Both are resident of Village - Ganipur Tarauni, P.S. - Bahadurpur, District –
                 Darbhanga.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Baidyanath Prasad, Adv.
                 For the Opposite Party/s :     Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                 ORAL ORDER


2   19-05-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioners are apprehending their arrest in

                   connection with Bahadurpur P.S. Case No. 463 of 2025

                   registered for the offence(s) under Section(s) 126(2), 115(2),

                   118(1), 109, 303(2) 352, 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 (B.N.S.).

                                 3. The prosecution case is to the effect that the
Patna High Court CR. MISC. No.33651 of 2026(2) dt.19-05-2026
                                            2/4




          informant was called by petitioner No. 1, namely, Navneet

          Singh, who asked him to bring water and when the informant

          did not oblige, the said accused/Navneet Singh started abusing

          and assaulting the informant. It is further alleged that the co-

          accused/Vivek Paswan assaulted the informant on his head by

          means of knife and petitioner No. 2, namely, Rahul Paswan

          assaulted the informant with an iron rod along with five

          unknown persons.

                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated in this case on

          account of some minor difference between friends. It has been

          submitted that from the perusal of the injury report, which finds

          mentioned in the impugned order also, it appears that the injury

          is superficial in nature and a very minor one and is simple. It

          has further been submitted that no specific allegation has been

          leveled against petitioner No. 1 and as far as the allegation of

          hitting the forehead is concerned, the same is on co-

          accused/Vivek Paswan. It has lastly been submitted that the

          petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.
Patna High Court CR. MISC. No.33651 of 2026(2) dt.19-05-2026
                                             3/4




                       6. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties, let

          the petitioners, above-named, be released on anticipatory bail, in

          the event of their arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on their furnishing bail bonds in the sum of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount       each      to    the     satisfaction     of    the     concerned

          Court/successor Court where the case is pending in connection

          with Bahadurpur P.S. Case No. 463 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure, 1973 read with corresponding Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          (B.N.S.S.) as well as subject to the following conditions :

                                 (i) One of the bailors of the petitioners shall be their
                            close relative and the other shall be a local resident.
                                 (ii) The petitioners shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bonds of
                            the petitioners will be liable to be cancelled by the
                            concerned Court.
                                 (iv) The concerned Court shall verify the criminal
                            antecedent of the petitioners and in case, at any stage, it is
                            found that they have concealed their criminal antecedents,
                            the Court concerned shall take necessary steps for
             Patna High Court CR. MISC. No.33651 of 2026(2) dt.19-05-2026
                                                         4/4




                                         cancellation of their bail bond. 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. It is made clear that the observations, if any, made

                       in this order, shall be of no bearing during the trial.

                                    8. The application stands allowed.



                                                (Sourendra Pandey, J)
Praveen-II/Tannu

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.