Navin Singh @ Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61149 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Vishal Kumar @ Vishal Singh Son of Nand Lal Singh R/o Village - Khodi Ward No.- 5, P.S.- Shikarpur, District - West Champaran, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64952 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Navin Singh @ Navin Kumar Son of Kamlesh Singh R/o Vill - Khodi, Ward no. - 5, P.S. - Shikarpur, Dist. - Ward no. 5, P.S. - Shikarpur, Dist. - West Champaran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 61149 of 2025) For the Petitioner/s :

Mr.Ashish Ranjan Garg For the Opposite Party/s :

Mr.Ajay Kumar Jha (In CRIMINAL MISCELLANEOUS No. 64952 of 2025) For the Petitioner/s :

Mr.Ashish Ranjan Garg For the Opposite Party/s :

Ms.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025

1. Since both these anticipatory bail applications arise out of Shikarpur Police Station Case No. 323 of 2025, with the consent of the parties, both these applications are heard together.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. These applications, for grant of anticipatory bail, arise out of Shikarpur Police Station Case No. 323 of 2025, dated

2/4 15.03.2025, disclosing offences punishable under Sections 126(2)/115(3)/118(1)/109/303(2)/352/351(2)/3

(5) of the Bhartiya Nyaya Sanhita, 2023.

4. The prosecution case, as per the First Information Report, is that in the morning of 05.03.2025, the petitioners, along with other accused persons, arrived at the medicine shop of the informant, abused him and started demanding rangdari and the petitioner Vishal Kumar took out Rs. 2,000/- from the cash box of the informant; whereas the petitioner Navin Singh assaulted one Kamlesh Kumar on his head by lathi and the petitioner Vishal Kumar assaulted one Palakh Yadav by means of farsha on his head.

5. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case as a counter blast to the First Information Report lodged by the side of the petitioners against the informant and others, bearing Shikarpur Police Station Case No. 322 of 2025, for an occurrence which took place on the same date and time. The First Information Report lodged by the side of the petitioners is prior in time. The mother of the informant is a Ward Councillor and by misusing her

3/4 position, the present First Information Report has been lodged against the petitioners and others. The genesis of the occurrence is that co-accused Sipahi Singh had purchased medicines form the shop of the informant, which was found to be expired and when he protested and objected, he was physically assaulted by the informant and his family members. On receiving that information, when the petitioners and others arrived at the place of occurrence in order to save Sipahi Singh, they were also assaulted by the informant and others. The petitioner Vishal Kumar is a student of law, studying in Barabanki University. The injury caused to the victim by petitioner Vishal Kumar is simple in nature. However, the injury caused to Kamlesh Kumar by petitioner Navin Singh is said to be grievous in nature.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the injury caused to victim by petitioner Vishal Kumar is simple in nature and the petitioner Vishal Kumar is a student of law, I am inclined to grant the petitioner Vishal Kumar privilege of anticipatory bail.

4/4

7. Criminal Misc. No. 61149 of 2025 is, accordingly, allowed.

8. Let the petitioner, Vishal Kumar, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, West Champaran, at Bettiah, in connection with Shikarpur Police Station Case No. 323 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

9. Insofar as petitioner Navin Singh @ Navin Kumar is concerned, he is having criminal antecedent and he has caused grievous injury to the victim Kamlesh Kumar on his head, I am not inclined to grant the petitioner Navin Kumar @ Navin Singh privilege of anticipatory bail. 10.Criminal Misc. No. 64952 of 2025 is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √