Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to bail‑bond and surety conditions.
Summary
Navin Kumar sought anticipatory bail after learning that he might be arrested in a case (PS Barun Case No. 319 of 2025) alleging offences under Sections 303(2), 318(4), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that Kumar, together with co‑accused Aadarsh Patel, lured the son of an informant, snatched a gold locket worth Rs. 40,000 and abandoned the child on a road. Kumar contended that he played no active role, asserting that only Patel removed the locket and that there was no overt act attributable to him; he also highlighted his clean antecedents. The State’s Assistant Public Prosecutor opposed the bail application. The Court, considering the general nature of the accusations, the lack of direct evidence against Kumar, and his clean record, granted anticipatory bail subject to a bail bond of Rs. 10,000, two sureties of equal amount, and the condition under Section 482(2) of the B.N.S.S.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the alleged offences?
- Whether the allegations constitute sufficient ground for arrest in the absence of direct evidence against the petitioner?
- Whether the petitioner’s clean antecedents and the nature of the accusation justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- theft
- assault
- clean antecedents
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84358 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Navin Kumar S/O Jitendra Singh Resident of Village - Malkopa, P.S-
Barun,Dist.- Aurangabad(Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar No. 6, Advocate
For the State : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 303(2),
318(4), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Aadarsh Patel, lured away son
of informant and snatched his gold locket worth Rs. 40,000/-
and left his son near Barun-Daudnagar road.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As per statement of the victim, this
petitioner, along with co-accused Aadarsh Patel took him away
on a motorcycle and it was co-accused Aadarsh Patel who took
Patna High Court CR. MISC. No.84358 of 2025(2) dt.06-01-2026
2/2
locket from his neck and left him from where, the police
recovered him and handed over to his parents. There is
absolutely no allegation of any overt act against this petitioner.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Aurangabad in
connection with Barun P.S. Case No. 319 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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