Patna High Court
Naveen Kumar @ Naveen SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court disposed of the bail application, directing the petitioner to seek confirmation of the compromise in the lower court and conditionally granting anticipatory bail if the compromise is upheld.
Summary
The petitioner, Naveen Kumar, sought anticipatory bail in connection with a criminal case (PS No. 290 of 2025) that alleged offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act, the SC/ST Act and the POCSO Act, including extortion (rangdari). The prosecution opposed the bail, arguing the seriousness of the charges. The petitioner contended that he was innocent and that the dispute had been settled between the parties. The court noted the pending compromise and directed the petitioner to approach the lower court with a compromise petition. It conditionally ordered that anticipatory bail could be granted if the lower court finds the matter settled and the informant supports the compromise, subject to a bail bond of Rs.10,000 and two sureties of the same amount. If the compromise is not supported, the lower court was instructed to pass an appropriate order.
Issues considered
- Whether anticipatory bail can be granted in a case involving multiple serious offences pending a compromise between the parties.
- Whether a compromise between the accused and the complainant can justify the release of the accused on anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 333, 3(5), 351(2), 352, 76
- POCSO Act — s. 12, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- extortion
- compromise
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- SC/ST Act
- POCSO Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89999 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Naveen Kumar @ Naveen Sahni S/o Raghu Sahni Resident of Vill/ Mohalla-
Hathsarganj, ward no. 1, Police Station- Hajipur Town, Distt- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX W/o Pappu Ram R/o Mohalla - Gani Pathan Toli, Hajipur, P.S.-
Hajipur Town, Distt.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar
For the Opposite Party/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Hajipur Town P.S. Case No. 290 of 2025 registered for offences
under Sections 333, 126(2), 115(2), 118(1), 109, 76, 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-
B)a, 26 of the Arms Act and Sections 3(i)(r)& 3(i)(s) of the
SC/ST Act and Sections 8, 12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of demanding rangdari (extortion).
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
Patna High Court CR. MISC. No.89999 of 2025(2) dt.04-02-2026
2/2
He further submits that the matter has been compromised
between the parties.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid, this application is
disposed of with liberty to the petitioner to move before the
Court below along with the compromise petition. If the Court
below finds that the matter has been settled between the parties
and the informant supports the same, then the petitioner shall be
released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned concerned Court
below in connection with Hajipur Town P.S. Case No. 290 of
2025 and if O.P. No. 2 does not support the compromise, the
Court below shall pass an appropriate order.
(Sandeep Kumar, J)
Shishir/-
U T
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