Patna High Court
Kunal kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 324(4), 324(5), 3(5), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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