Bombay High Court
KAPIL NAVNATH BHIORversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that anticipatory bail should be granted as the incident was spontaneous, the applicant has no prior antecedents, and the statutory power under Section 482 BNSS permits bail in such circumstances.
Summary
Kapil Navnath Bhoir applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with charges under Sections 118(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, for allegedly assaulting his friend with a metal bracelet after a dispute over liquor, causing serious injuries. The prosecution highlighted the seriousness of the injuries, while the defence argued that the incident was a spontaneous outburst, the parties were close friends, and the applicant had no prior criminal record. The court examined the nature of the offence, the risk of tampering, and the applicant's antecedents. Finding no pre‑meditation and noting the applicant's clean record, the court concluded that anticipatory bail was appropriate. Accordingly, the court ordered the applicant’s release on bail with a cash bond of Rs.30,000 and imposed several conditions, including regular police reporting and a prohibition on influencing witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 482 BNSS for offences punishable under Sections 118(2) and 115(2) BNS involving serious bodily injury.
- Whether the seriousness of the injuries and the risk of evidence tampering outweigh the applicant’s lack of antecedents and the spontaneous nature of the incident.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(2)
Subjects
- anticipatory bail
- Section 482
- assault
- bodily injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- pre‑arrest bail
- no antecedents
Judgment
914-ABA-2516-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2516 OF 2026
Kapil Navnath Bhoir …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Kiran Patil a/w. Mr. Sandeep Gupta, for the Applicant.
Mr. P. P. Jadhav, APP, for the Respondent-State.
Mr. R. L. Vasave, PSI, attached to Neral Police Station, District -
Raigad, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 22nd SEPTEMBER 2026
PC:-
1. Heard Mr. Patil, learned Counsel appearing for the Applicant
and Mr. Jadhav, learned APP appearing for the Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.153 of 2026 registered with Nerul
Police Station, District-Raigad, for the offences punishable under
Sections 118(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023
(“BNS”).
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3. It is the submission of learned Counsel appearing for the
Applicant that the Applicant and the First Informant are good
friends and at the relevant time both of them were travelling
together on a motorcycle and some dispute took place on the issue
of consumption of liquor and therefore, on a spur of moment, the
incident in question has taken place. He submits that the Applicant
has no other antecedents. Therefore, he submits that the
Anticipatory Bail Application be allowed.
4. On the other hand, learned APP strongly opposes the
Anticipatory Bail Application. He submits that the offence is very
serious. There are grievous injuries in the incident in question and
therefore, the Anticipatory Bail Application be rejected.
5. The prosecution case is set out in paragraph No.2 of the
order dated 13th August 2026, passed by the learned Additional
Sessions Judge, Panvel, District-Raigad, passed in Criminal Bail
Application No.616 of 2026, which reads as under:
“2. In nut shell, the case of the prosecution is that
on July 6, 2026, at around 8:30 pm, the
complainant met his friend, the Capplicant, at
Vasant Bar near Neral Railway Station. While
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914-ABA-2516-2026.DOC
returning on the applicant's motorcycle toward
Talwade, around 10:30 PM near Sainaika, Neral,
the applicant asked the informant to purchase
alcohol for him. Upon the informant's refusal due
to lack of funds, the applicant got enraged,
stopped the motorcycle, and physical violence
ensued. The applicant allegedly slapped the
informant, pulled him up by his shirt collar, and
repeatedly punched him on his face, nose,
eyebrows, and middle of his eyes using a heavy
metal kada (bracelet) worn on his hand, followed
by a punch to his chest. The informant sustained
severe bleeding injuries near his left eye and
nose, necessitating immediate medical treatment
at the Government Hospital in Neral and
subsequent admission to M.G.M. Hospital,
Kalamboli, Panvel. The complainant, thus, set the
criminal law into motion by lodging detailed
report with Neral Police station. Eventually, an
offence came to be registered at Neral police
station vide C.R.No.153/2026 under above
mentioned sections.”
6. Although it is correct that the First Informant sustained
injuries and that the Applicant inflicted the said injuries with the
heavy metal “Kada” worn by him, the prosecution case shows that
the incident occurred on the spur of the moment. The Applicant
and the First Informant are close friends and were travelling
together on a motorcycle. It is alleged that the Applicant asked the
First Informant to take him to a hotel to consume liquor. As the
First Informant did not have money, he refused, therefore, some
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dispute took place between both of them and the incident in
question has happened.
7. Thus, it appears that the incident occurred on the spur of the
moment and there was no premeditation. There are no other
antecedents against the Applicant.
8. Accordingly, the case is made out for grant of Anticipatory
Bail. In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Kapil Navnath
Bhoir in connection with C.R. No.153 of 2026
registered with the Neral Police Station, District-
Raigad, the Applicant is directed to be released on bail
on his furnishing P.R. Bond in the sum of Rs.30,000/-
with one or two solvent sureties in the like amount.
(b) The Applicant shall attend the concerned Police
Station on 30th September 2026 and 1 st October 2026
between 11:00 a.m. to 02:00 p.m. and shall cooperate
with the investigation.
(c) The Applicant shall attend the concerned Police
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Station on 1st and 3rd Sunday of each month between
11:00 a.m. to 02:00 p.m. till filing of the chargesheet
and shall cooperate with the investigation.
(d) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
thereto.
(e) The Applicant shall not directly or indirectly make any
inducement, threat, or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to the Court or
to any Police personnel.
(f) The Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
(g) The Applicant shall not leave India without prior
permission of the Court.
9. The Anticipatory Bail Application is disposed of accordingly.
Digitally [MADHAV J. JAMDAR, J.]
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.23
18:14:40
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