Patna High Court
Nikhil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Summary
Petitioner Nikhil Singh applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic Substances Act, 2023. He alleged that the informant falsely implicated him, claiming that he and two unknown persons assaulted the informant, causing a finger fracture, but argued that the FIR did not specifically describe a road robbery or assault. The State opposed the bail. The Court, after considering the petitioner's counsel, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.25,000 with two sureties, subject to the conditions of Section 482(2) of the Act. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the FIR sufficiently discloses a cognizable offence justifying denial of bail.
- Whether the petitioner has been falsely implicated warranting bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 482(2)
Subjects
- anticipatory bail
- false implication
- FIR
- assault
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87901 of 2025
Arising Out of PS. Case No.-251 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Nikhil Singh S/o- Satyendra Singh Village- Lakhui Ps- Mali Dist-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 115(2), 126(2),
117(2), 109(1), 190, 191(2) and 191(3) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that accused persons including the petitioner along with two
unknown accused intercepted him and tied a towel around his
neck and started dragging and all accused assaulted him causing
fracture of his finger.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of allegations,
Patna High Court CR. MISC. No.87901 of 2025(2) dt.22-01-2026
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as alleged in the FIR, it would manifest that it is not a case of
road robbery. It is further submitted that even allegation of
assault is not specific.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/Successor Court in connection with Nabinagar P.S.
Case No.251 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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