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Patna High Court

Naveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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-
Patna High Court CR. MISC. No.9053 of 2026(5) dt.19-06-2026
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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
Patna High Court CR. MISC. No.9053 of 2026(5) dt.19-06-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.9053 of 2026(5) dt.19-06-2026
                                                           4/4




                         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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