Created by Fuzzy Cloud

Patna High Court

Naresh Shah @ Naresh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS, 2023.

Summary

Petitioner Naresh Shah sought anticipatory bail fearing arrest in a case (PS No.437/2024) involving alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, robbery and causing grievous hurt. The prosecution alleged that Shah, along with co‑accused, assaulted an informant, looted cash and valuables, and injured the informant’s mother‑in‑law. Shah contended he was falsely implicated, noting that the FIR was vague, delayed by two days, and specifically named only co‑accused Vinod Sah, while he had no prior criminal record. The State opposed bail, arguing the seriousness of the charges. The Court, after weighing the submissions, granted anticipatory bail on the condition of a Rs.15,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the BNSS, 2023, provided the petitioner surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the nature of the FIR.
  • Whether the FIR’s general and omnibus character, the delay in filing, and the absence of specific allegations against the petitioner justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 482
  • FIR
  • omnibus FIR
  • bail conditions
  • assault
  • robbery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90746 of 2025
                  Arising Out of PS. Case No.-437 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Naresh Shah @ Naresh Kumar S/o Vishwanath Sah @ Vishwanath Sha R/o
                 Village- Sevraha, P.O- Chandrahiya, Areraj, P.S- Harsidhi, Dist- East
                 Champaran, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No. 437 of 2024 registered for the

                   offences punishable under Sections 126, 115(2), 118, 109,

                   303(2), 351, 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.      The prosecution case, in brief, is that on

                   08.08.2025 at about 8:00 AM, the petitioner along with other

                   co-accused allegedly abused the informant at his door, and on

                   protest, co-accused Vinod Sah assaulted him with a Farsa

                   causing a head injury. It is further alleged that the accused

                   persons forcibly entered the informant’s house, looted cash of

                   Rs. 3 lakhs along with gold and silver ornaments worth Rs.
Patna High Court CR. MISC. No.90746 of 2025(2) dt.16-01-2026
                                            2/3




          70,000/-, and also assaulted the informant’s mother-in-law with

          a rod causing a fracture injury.

                  4.      Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence as alleged

          against him and has falsely been implicated in the present case.

          From perusal of the FIR, it would reveal that there is no specific

          allegation against the petitioner, rather the same is general and

          omnibus in nature. Specific allegation is against co-accused,

          namely, Vinod Sah. There is delay of two days in lodging the

          FIR. Charge sheet has already been submitted in this case.

          Petitioner bears no criminal antecedent. Other co-accused have

          been granted regular bail by this Court vide order dated

          17.02.2025, passed in Cr. Misc. No. 7629 of 2025.

                  5.      On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the rival submissions made by the

          learned counsel for the parties, let the petitioner above-named,

          in the event of his arrest or surrender before the learned Court

          below within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.15,000/-

          (Rupees Fifteen Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the
           Patna High Court CR. MISC. No.90746 of 2025(2) dt.16-01-2026
                                                       3/3




                     case is pending/successor court in connection with Harsidhi P.S.

                     Case No. 437 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the BNSS, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.