Patna High Court
Navneet Singh @ KanhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
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
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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
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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
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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
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