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Patna High Court

Naresh SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the nature and gravity of the offences and the specific allegations against the petitioners did not justify such relief.

Summary

The petitioners sought anticipatory bail in a case (Shahpur Patory PS Case No. 46 of 2025) where they were alleged to have assaulted an informant’s husband and Vashisht Singh, leading to the husband’s death. The FIR named eight accused, including the petitioners, and invoked several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued they were falsely implicated due to a land dispute and had no criminal record, citing that a co‑accused had already been granted regular bail. The State opposed the relief, emphasizing specific allegations of assault against the petitioners. Considering the seriousness of the offences and the specific accusations, the Court declined to grant anticipatory bail, directing the petitioners to surrender and apply for regular bail before the trial court.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
  • Whether the nature and gravity of the offences and specific allegations against the petitioners preclude anticipatory bail.
  • Whether the petitioners’ claim of false implication and lack of criminal antecedent merit the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • FIR
  • land dispute
  • bail
  • assault
  • homicide

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.51768 of 2025
                 Arising Out of PS. Case No.-46 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Ram Bharosh Singh S/o- Late Surya Narayan Singh @ Sury Narayan Singh
                  Village- Dharampur Bande P.S- Shahpur Patory District- Samastipur
           2.    Arun Kumar S/o- Ram Bharosh Singh Village- Dharampur Bande P.S-
                 Shahpur Patory District- Samastipur
           3.    Arvind Kumar S/o- Prem Chandra Singh Village- Dharampur Bande P.S-
                 Shahpur Patory District- Samastipur
           4.    Shivam Kumar S/o- Ram Bharosh Singh Village- Dharampur Bande P.S-
                 Shahpur Patory District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 58873 of 2025
                 Arising Out of PS. Case No.-46 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Naresh Singh Son of Ramjee Singh @ Ramji Singh Resident of village -
                 Chaksauli, Police Station - Mahisaur, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 51768 of 2025)
                 For the Petitioner/s     : Mr. N. K. Agrawal, Sr. Advocate
                                            Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Choubey Jawahar, APP
                 (In CRIMINAL MISCELLANEOUS No. 58873 of 2025)
                 For the Petitioner/s     : Mr. Alok Kumar Thakur, Advocate
                                            Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-03-2026                     Heard Mr. N. K. Agrawal, learned senior counsel,

                   Mr. Alok Kumar Thakur, learned counsel for the petitioners, Mr.
Patna High Court CR. MISC. No.51768 of 2025(4) dt.12-03-2026
                                            2/3




          Choubey Jawahar, learned APP for the State and perused the

          case diary.

                       2. The petitioners apprehend arrest in connection with

          Shahpur Patory P.S. Case No. 46 of 2025, registered under

          Sections 103(1), 191(2), 190, 126(2), 115(2), 109, 352, 351(2)

          of the Bharatiya Nyaya Sanhita, 2023.

                       3. The prosecution case, in short, is that the accused

          persons including the petitioners assaulted informant’s husband

          and one Vashisht Singh due to which the informant’s husband

          died in course of his treatment.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. Learned counsel for the petitioners also submits

          that total eight persons are named in the FIR including these

          petitioners. It is next submitted that due to alleged land dispute

          between the parties, the petitioners have been falsely implicated

          in this case and no specific allegation has been attributed against

          them. The petitioners have got no criminal antecedent. Learned

          counsel for the petitioners further submits that other co-accused

          has been granted regular bail by this Court vide order dated

          09.09.2025 passed in Cr. Misc. No. 40138 of 2025.

                       5. Learned APP for the State has vehemently opposed
             Patna High Court CR. MISC. No.51768 of 2025(4) dt.12-03-2026
                                                         3/3




                       the prayer for grant of bail to the petitioners and submits that the

                       petitioners are named in the FIR and there is specific allegation

                       of assaulting informant’s husband and Vashisht Singh against

                       these petitioners. Hence, the petitioners do not deserve the

                       privilege of anticipatory bail.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, nature and gravity of the offence, this Court is not

                       inclined to grant bail anticipatory bail to the petitioners.

                                    7. The prayer is rejected. However, the petitioners are

                       directed to surrender in the Court below and pray for regular

                       bail. If any such application is filed, the Court below shall

                       consider and dispose of the same on its own merit without being

                       prejudiced by this order.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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