Naresh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Naresh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted: upon arrest or surrender within six weeks, release on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Nawada, subject to the conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Sirdala P.S. Case No. 147 of 2025 (offences under specified sections of the Bharatiya Nyaya Sanhita, 2023), are entitled to be released on anticipatory bail in the event of their arrest or surrender.

Court's answer

Having considered the facts, circumstances and submissions of learned counsel, this Court directed that in the event of the petitioners' arrest or surrender within six weeks in connection with Sirdala P.S. Case No. 147 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Nawada, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J), oral order dated 10-09-2025 in Criminal Miscellaneous No.41499 of 2025, arising out of Sirdala P.S. Case No. 147 of 2025 (Thana-Sirdala, District-Nawada), dated 23.04.2025, instituted for offences punishable under Sections 191(2), 191(3), 190, 195(1), 126(2), 115(2), 117(2), 118(1), 118(2), 109, 132, 121(2), 324(4), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. Five petitioners apprehended arrest; the prosecution case was that a police personnel was surrounded and assaulted by villagers, with 13 known and 10-15 unknown persons named in the FIR, the petitioners' names having been disclosed by the Chowkidar and constable Mithlesh Kumar. Learned counsel pleaded false implication, absence of specific (general and omnibus) allegations, parity with co-accused Namuna Singh, Sunil Singh and Ashok Singh already granted bail by Co-ordinate Benches (orders dated 01.08.2025 in Cr. Misc. No. 46689 of 2025 and 22.08.2025 in Cr. Misc. No. 49376 of 2025), and the antecedents of the petitioners. The Court granted anticipatory bail: in the event of arrest or surrender within six weeks, release on bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned Judicial Magistrate First Class, Nawada, subject to Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41499 of 2025

Arising Out of PS. Case No.-147 Year-2025 Thana- SIRDALA District- Nawada

======================================================

Naresh Singh Son of Baso Singh Resident of Village- Kalaundi, P.S.Parnadabar , Distt.- Nawada, Bihar

Badri Singh Son of Guru Singh Resident of Village- Kalaundi, P.S.Parnadabar , Distt.- Nawada, Bihar

Suresh Manjhi @ Suresh Bhuiya Son of Munshi Manjhi @ Munshi Bhuiya Resident of Village- Kalaundi, P.S.- Parnadabar , Distt.- Nawada, Bihar

Umesh Singh Son of Baso Singh @Vasudeo Singh Resident of VillageKalaundi, P.S.- Parnadabar , Distt.- Nawada, Bihar

Mahesh Manjhi Son of Munshi Manjhi Resident of Village- Kalaundi, P.S.Parnadabar , Distt.- Nawada, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 10-09-2025 Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Sirdala P.S. Case No. 147 of 2025 dated 23.04.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190, 195(1), 126(2), 115(2), 117(2), 118(1), 118(2), 109, 132, 121(2), 324(4), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

The case of the prosecution is that one of the police personnel was surrounded by the villagers and he was being

Patna High Court CR. MISC. No.41499 of 2025(3) dt.10-09-2025 2/3

assaulted. In the FIR, Chowkidar has disclosed the name of 13 known persons and 10-15 unknown persons. The names of these petitioners have been disclosed by the Chowkidar and constable Mithlesh Kumar.

Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation levelled against the petitioners is general and omnibus in nature. It is next submitted that similarly situated co-accused persons namely, Namuna Singh and Sunil Singh have been granted bail vide order dated 01.08.2025 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 46689 of 2025 and coaccused namely, Ashok Singh has been granted bail vide order dated 22.08.2025 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 49376 of 2025. Lastly, it has been submitted that petitioner nos. 1 to 4 have no criminal antecedents while petitioner no. 5 has one criminal case against him.

Learned A.P.P. has opposed the prayer for bail of the petitioner.

Having considered the facts and circumstances of

Patna High Court CR. MISC. No.41499 of 2025(3) dt.10-09-2025 3/3

the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sirdala P.S. Case No. 147 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Nawada, subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J)

Sankalp/-

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