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Patna High Court

Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, directing release on bail with conditions under Section 482(2) of the B.N.S.S.

Summary

Krishna Kumar, a 21‑year‑old with a clean record, applied for anticipatory bail after being implicated in a case (PS Case No.245/2025) alleging offences under Sections 191, 351(2), 351(3) and 3(5) of the B.N.S. The allegations stem from an incident where the accused allegedly threatened and later fired shots at the informant’s house. The petitioner argued that the allegations were vague, no one was injured, and he was falsely implicated; he also pointed to a similar anticipatory bail order granted to co‑accused Kundan Kumar. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S., thereby allowing the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences
  • Whether the allegations against the petitioner are specific enough to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 191
  • Section 351
  • Section 3
  • Bihar Negotiable Statutes
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10559 of 2026
                 Arising Out of PS. Case No.-245 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Krishna Kumar S/O Mantun Rai @ Matun Rai R/V - Kewta, P.S-
                 Dalsingsarai, District- Samstipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar
                 For the Opposite Party/s :      Mr.Bharat Lal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 191, 351(2), 351(3) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits

                   that the defects as pointed out by the office stands removed.

                   It is also submitted that petitioner is a person with clean

                   antecedent and is a young boy aged about 21 years and the

                   informant alleges that on 24.06.2025, the accused persons

                   including the petitioner were drinking near the house of the

                   informant, on objection, they threatened that he will be shot.

                   Further, on 04.07.2025 at 7.00 P.M., the accused persons
Patna High Court CR. MISC. No.10559 of 2026(2) dt.16-02-2026
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          again came and fired three rounds along with unknown

          criminal, on alarm accused persons fled threatening that

          informant would be killed within three days.

                       4. The learned counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case

          with general and omnibus allegation. It is next submitted

          that allegation of firing is not specific and no one was

          injured in the firing and the allegation appears to be

          exaggerated on account of dispute between the parties. It is

          also submitted that similarly situated co-accused Kundan

          Kumar was granted the privilege of anticipatory bail by an

          order dated 02.12.2025 in Cr. Misc. No.77732 of 2025.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the

          learned counsel for the petitioner, the petitioner, above-

          named, in the event of his arrest or surrender within a

          period of six weeks, is directed to be released on bail on his

          furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to

          the satisfaction of the learned Trial Court where the case is
               Patna High Court CR. MISC. No.10559 of 2026(2) dt.16-02-2026
                                                           3/3




                         pending/successor Court in connection with Dalsingsarai P.

                         S. Case No.245 of 2025, subject to the conditions laid down

                         under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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