Created by Fuzzy Cloud

Patna High Court

Kunal kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted as the allegations against the petitioners were not specific and there was no material to deny bail.

Summary

Petitioners Kunal Kumar and Nikhil Kumar sought anticipatory bail fearing arrest in connection with FIR No. 109 of 2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners participated in assaulting the informant and his family over a dispute involving a cowshed. The petitioners contended that the allegations were general, specific charges were directed at other individuals, and that they were close agnates with prior criminal antecedents but already on bail. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the lack of specific incriminating material against the petitioners and their familial relationship with the informant, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the general nature of the allegations against the petitioners justifies denial of anticipatory bail.
  • Whether prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether Section 438 of the Code of Criminal Procedure (or its equivalent) applies to grant anticipatory bail in this case.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • assault
  • bail conditions
  • agnates

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15660 of 2026
                 Arising Out of PS. Case No.-109 Year-2025 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
           1.     Kunal kumar S/O Vijay singh R/O Vill.- Itahari, P.S and P.O- Naya
                  Ramnagar, Dist-Munger, Bihar
           2.    Nikhil Kumar @ Nikku S/O Sanjay Singh @ Sanjay Kumar Singh R/O
                 Vill.- Itahari, P.S and P.O- Naya Ramnagar, Dist-Munger, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kanchan Kumari
                 For the Opposite Party/s :     Mr.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-03-2026                      Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Naya Ramnagar P.S. Case No. 109 of 2025,

                   F.I.R dated 03.12.2025 registered for the offences punishable

                   under Sections 126(2), 109, 115(2), 74, 324(4), 324(5), 352 &

                   3(5) of Bharatiya Nyaya Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged the petitioner Kunal Kumar has started opening cowshed

                   and throwing cow dung upon him and his father. Upon objection

                   the other accused persons along with the petitioners Kunal

                   Kumar and Nikhil Kumar abused and assaulted him and his
Patna High Court CR. MISC. No.15660 of 2026(2) dt.12-03-2026
                                            2/3




          family members, which caused several injuries to them.

                      4. Learned counsel for the petitioners submits that

          specific allegations of overt act is against Vijay Singh and

          Sanjay Singh while the allegations against these petitioners are

          general and omnibus. It is next submitted that there was two

          criminal antecedent, which is registered against them for the

          same disputes as they are close agnates, and the petitioners are

          on bail.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners and informant are close agnates and there is

          nothing specific against these petitioners. Accordingly, this

          Court is inclined to grant the privilege of anticipatory bail to the

          petitioners.

                       7. Let the petitioners, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

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

          satisfaction of the learned Sri Shaktimaan Bharti, J.M. 1 st Class

          cum A.C.J.M. 7th at Munger in connection with Naya Ramnagar
           Patna High Court CR. MISC. No.15660 of 2026(2) dt.12-03-2026
                                                       3/3




                     P.S. Case No. 109 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Code of Criminal Procedure /

                     Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

                     with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.