Patna High Court
Naveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Naveen Kumar, was arrested in connection with a FIR alleging assault and offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act. He sought bail, arguing that he was not originally named in the FIR, the post‑mortem report did not support the allegations, and that a co‑accused, Deepak Kumar, had already been granted bail. The State opposed bail, contending that the petitioner participated in the assault and has another pending case. The court noted the similarity to the co‑accused’s case and, after considering the arguments, ordered bail on a cash bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the lower court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and Arms Act.
- Whether the petitioner’s alleged participation in the assault and existence of another pending case preclude bail.
- Whether the prior grant of bail to a similarly situated co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 118(1), 118(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- Arms Act
- Bihar Narcotic Substances Act
- co‑accused
- post‑mortem report
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9053 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
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Naveen Kumar S/o Nagendra Rai R/o Village - Sahila Balli, P.S - Rampur
Hari, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Prakash Sharma, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
For the Informant : Mr. Ranjeet Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-06-2026 Heard Mr.Uday Prakash Sharma, learned counsel for
the petitioner, Mr. Ranjeet Ranjan, learned counsel for the
informant and Ms.Pushpa Sinha.1, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
29.10.2025 in connection with Rampurhari P.S. Case No. 203
of 2025, F.I.R. dated 27.10.2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 118(2), 109,
3(5) of BNS, 2023 and Section 25(1-b)a,27 of Arms Act and
subsequently vide order dated 30.10.2025 Section 103(1) of the
BNS.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and his family members. The specific allegation against the co-
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accused person, namely, Deepak Kumar is of assaulting the
brother of the informant by means of iron rod and lathi due to
which he got injured.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR that initially the petitioner
was not named in the FIR. The name of the petitioner has been
transpired during investigation on the re-statement of the
informant which was recorded in paragraph-8 of the case diary
and informant has stated that co-accused person, namely, Dipak
Kumar and petitioner have assaulted to the deceased. Learned
counsel for the petitioner submits that the postmortem report
does not support the allegation as alleged in the FIR, apart from
that, for the same set of allegation, co-accused person, namely,
Deepak Kumar has been granted bail by this Court vide order
dated 28.01.2026 passed in Cr. Misc. No.5156 of 2026 and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 29.10.2025.
5. Learned counsel for the informant and learned APP
for the State have opposed the prayer for bail of the petitioner
and submits that the petitioner has participated in the present
crime in question and informant has stated that the petitioner has
also assaulted to the deceased alongwith other co-accused
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persons, apart from that, the petitioner carries one more case
other than the present one, as mentioned in para-2 of the
supplementary affidavit.
6. Considering the aforesaid fact and similarly
situated co-accused person has been granted bail by this Court,
let the petitioner, above named, be released 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 court below
where the case is pending in connection with Rampurhari P.S.
Case No. 203 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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