Patna High Court
Kundan Kumar @ Kundan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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
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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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