Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The application for anticipatory bail is allowed, subject to bond and surety conditions.
Summary
Kunal Kumar was arrested in connection with a case alleging assault, attempted murder and illegal possession of arms, arising from a dispute with a local headmaster. The petitioner claimed the allegations were fabricated, citing a short distance between the crime scene and the police station, a delayed FIR, and lack of any injury or prior criminal record. The State opposed anticipatory bail, emphasizing the seriousness of the charges under sections of the Indian Penal Code and the Arms Act. The High Court considered the clean antecedent, absence of injury, and the petitioner’s willingness to cooperate, and granted anticipatory bail subject to a bond and sureties. The order also warned that bail could be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault, attempted murder and illegal discharge of a firearm.
- Whether the petitioner’s clean antecedent and lack of injury justify bail despite serious charges under the IPC and Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- attempted murder
- firearms
- Indian Penal Code
- Arms Act
- Section 482 CrPC
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10448 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Kunal Kumar S/o Vinay Kumar @ Vinay Kumar Singh R/o Village-
Shahjahanpur, P.S- Vaishali, Dist- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Adv.
For the State : Mr. Aditya Narayan Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Vaishali P.S. Case No. 469 of 2025 registered
for the offences punishable under Sections 126(2), 115(2), 352,
351(2), 109, 3(5) of B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant is posted as
headmaster in Primary School, Shahjahanpur and the petitioner
used to taunt/ pass comments against the informant's son and on
account of said reason, hot discussion took place between two
sides. It is alleged that petitioner along with three unknown
persons on two motorcycles came at the door of informant and
started abusing and assaulting by means of fists and slaps. It is
further alleged that petitioner with intention to kill the informant
fired twice with pistol but anyhow the informant escaped. On
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raising alarm, nearby people came and accused persons fled
away giving threat. It is further alleged that two empty
cartridges (khokha) were found at the door of informant which
was handed over to the police.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. Learned counsel further submits that petitioner and
informant are co-villagers and they are well acquainted with
each other and just on the basis of acquaintance petitioner made
comments against the informant's son which was not liked by
the informant. Learned counsel further submits that the very
genesis of the case arose on account of passing comments and
taunting and petitioner has no intention to kill the informant.
The very narration of prosecution story as stated by the
informant is without having any basis as the distance between
the thana and place of occurrence is only 5 km. Learned counsel
further submits that the alleged occurrence took place on
06.07.2025 at 9:00 PM and the FIR was lodged on 07.07.2025
at 11:45 hours and said delay has not been properly explained
despite there being a comparatively shortest distance from the
place of occurrence to thana and the alleged recovery of two
empty cartridges (khokha) is merely a production-cum-seizure
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list whose authenticity is already in question as there is delay in
lodging the FIR. The real fact is that informant felt humiliated
just because of the taunting habit of the petitioner and informant
just to keep the mouth of petitioner mum for all times to come
has taken the extreme step of lodging the present FIR showing
the recovery of two empty cartridges (khokha) from the place of
occurrence. Learned counsel further submits that though
distance of thana from the place of occurrence is only 5 km and
12 hours has been spent in lodging the FIR which clearly
reflects how the story of prosecution has been prepared to
implicate the petitioner. Learned counsel at para-12 has
submitted that no injury has been caused to any person. It has
been orally submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence. Apart
from that, petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that there is
allegation against the petitioner who fired twice with pistol upon
the informant and production-cum-seizure list supported the
story of prosecution and hence, petitioner does not deserve
anticipatory bail.
6. Considering the facts and circumstances of the
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case, keeping in view clean antecedent of petitioner, no one has
sustained any injury in the alleged occurrence, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class (Court No. 5), Vaishali at Hajipur in connection with
Vaishali P.S. Case No. 469 of 2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that if the investigating
Officer of the case files an application before the learned trial
court bringing to its notice that petitioner despite giving
assurance to this Court is not co-operating in the investigation,
in that event, the learned trial court shall be at liberty to cancel
the bail bonds of the petitioner.
(Alok Kumar Pandey, J)
shahzad/-
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