Patna High Court
Naresh Shah @ Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118, 126, 303(2), 3(5), 351, 352, 482(2)
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
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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
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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
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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
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