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Patna High Court

Kundan Kumar @ Kundan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, exercising its inherent powers under Section 482(2) of the BNSS.

Summary

Petitioner Kundan Kumar applied for anticipatory bail after an FIR was lodged under Sections 115, 118(1), 126(2), 109 and 3(5) of the BNS, 2023 alleging his participation in a series of assaults and an extortion attempt. He contended that the informant who lodged the FIR had a pending case against him and that the allegations against him were merely ornamental, asserting his clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the claim of false implication and the petitioner’s clean record, and, invoking its inherent powers under Section 482(2) of the BNSS, ordered that anticipatory bail be granted subject to a bail bond of Rs.10,000 with two sureties and other conditions. The application was therefore allowed, securing the petitioner’s release if arrested within six weeks.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the offences alleged in the FIR.
  • Whether the petitioner’s claim of false implication and clean antecedent warrants the exercise of the Court’s inherent powers to release him on bail.

Legislation cited

  • BNS, 2023 — s. 109, 115, 118(1), 126(2), 3(5)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • clean antecedent
  • FIR
  • extortion
  • Bihar Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18735 of 2026
                    Arising Out of PS. Case No.-136 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
                 Kundan Kumar @ Kundan Prasad Son of Raghunath Prasad R/o Pantoka, PS
                 - Haraiya, Dist. -East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhagya Narayan Jha, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 115,

                   118(1), 126(2), 109 and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons including the petitioner came on

                   25.10.2025 at 08:30 PM and Rausan assaulted Ashok by farsa

                   causing injury on head, thereafter, Ravi assaulted Jai Narayan

                   by sharp weapon causing injury on head while Suraj assaulted

                   Seema by an iron rod on mouth causing injury and her five teeth

                   broke and Sagar assaulted Shivani by farsa causing injury on

                   head while petitioner snatched gold chain worth Rs. 80,000/-
Patna High Court CR. MISC. No.18735 of 2026(2) dt.02-04-2026
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          and demanded extortion of Rs. 1 Lakh.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that from side of the petitioner,

          Haraiya P.S. Case No. 135 of 2025 has been instituted against

          the informant and his side, as such, the instant FIR is a

          counterblast. It is next submitted that specific allegation of

          assault is alleged against the named accused persons and as far

          as petitioner is concerned, the allegation against him of

          snatching chain and demanding extortion is ornamental. It is

          reiterated and submitted that petitioner is a person with clean

          antecedent.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner.

                       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

          from today, be released on anticipatory bail on furnishing bail

          bonds 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 pending/successor court in connection

          with Haraiya P.S. Case No. 136 of 2025 subject to the
            Patna High Court CR. MISC. No.18735 of 2026(2) dt.02-04-2026
                                                        3/3




                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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