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Patna High Court

Kamindra Kumar @ Kaminda Kumar @ Kamindra PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied.

Summary

The petitioner, Kamindra Kumar, applied for pre‑arrest bail in a case registered under multiple sections of the Indian Penal Code for allegedly assaulting the husband of an informant with an iron rod. The assault, though resulting in a simple injury, was described as being carried out with a clear intention to cause death. The court examined the seriousness of the allegations and the intent inferred from the manner of the assault. Considering these factors, the judge was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged assault with intent to cause death under the listed IPC sections

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • intent to cause death
  • Indian Penal Code
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12458 of 2026
                      Arising Out of PS. Case No.-499 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Kamindra Kumar @ Kaminda Kumar @ Kamindra Prasad S/o Musaphir
                 Yadav @ Mosaphir Prasad @ Musafir Prasad Singh R/O Vill.- Din Bigha @
                 Dina Bigaha, Ichahos, P.S.- Islampur, Dist.- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   28-04-2026                         Heard Mr. Arvind Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Ajit Kumar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Islampur P.S. Case No. 499 of 2025 registered for the

                   offence(s)       punishable        under       Sections        190,      191(2),

                   191(3),115(2),126(2),303(2),109,351(3),352,74, of the BNS.

                                3. Considering the nature of the allegations made

                   against the petitioner that he repeatedly assaulted the husband of

                   the informant on the head with an iron rod, and although the

                   injury is stated to be simple in nature, the manner of assault

                   indicates a clear intention to cause death, I am not inclined to

                   grant pre-arrest bail to the petitioner. Accordingly, the present
           Patna High Court CR. MISC. No.12458 of 2026(4) dt.28-04-2026
                                                       2/2




                     bail application stands dismissed.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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