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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond and surety conditions under Section 482 of the CrPC.

Summary

The petitioners, seven residents of Sohaipur village in Gaya, sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 1115 of 2025) involving alleged communal violence during the 2025 Bihar Legislative Assembly elections. The prosecution alleged that a WhatsApp message prompted police and magistrates to intervene in clashes between Yadav and Sharma communities, charging the petitioners under several sections of the B.N.S.S. for offences such as unlawful assembly and assault. The petitioners contended that they were falsely implicated due to political rivalry, that the allegations were vague, and that no injury report was attached to the FIR. The State opposed the bail. The High Court, considering the political context and the lack of concrete evidence, exercised its inherent powers under Section 482 of the Criminal Procedure Code to grant anticipatory bail, subject to a bond of Rs.10,000 with two sureties and the condition that one bailor be a close relative. The order directed release on bail if arrested or surrendered within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Sections 191(2), 190, 126(2), 115(2), 132, 109, 323 and 292 of the B.N.S.S.
  • Whether the allegations against the petitioners are sufficiently specific and substantiated to deny bail.
  • Whether the High Court can invoke its inherent powers under Section 482 CrPC to prevent arrest in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • communal violence
  • political rivalry
  • B.N.S.S. offences
  • electoral unrest
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22697 of 2026
                    Arising Out of PS. Case No.-1115 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
           1.     Kundan Kumar Son of Umes Yadav Resident of village -Sohaipur P S
                  -Buniyadganj District -Gaya
           2.    Sujit Kumar Son of Surendra yadav Resident of village -Sohaipur P S
                 -Buniyadganj District -Gaya
           3.    Kauleshwar Prasad @ Buchi Yadav son of Kishori Yadav Resident of village
                 -Sohaipur P S -Buniyadganj District -Gaya
           4.    Sikandar Yadav Son of Late Sohar yadav Resident of village -Sohaipur P S
                 -Buniyadganj District -Gaya
           5.    Abhishek yadav @ Abhishek Kumar son of Shailendra Yadav Resident of
                 village -Sohaipur P S -Buniyadganj District -Gaya
           6.    Niranjan Kumar yadav @ Niranjan yadav @ Niranjan Kumar Son of Late
                 Sohar yadav Resident of village -Sohaipur P S -Buniyadganj District -Gaya
           7.    Mausam Kumar son of Kauleshar Prasad @ Buchi Yadav Resident of village
                 -Sohaipur P S -Buniyadganj District -Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vinod Kumar
                 For the Opposite Party/s :      Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   06-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Muffasil P.S. Case No. 1115 of 2025 for the

                   offence under Sections 191(2), 190, 126(2), 115(2), 132, 109,

                   323 and 292 of the BNS.

                                3. As per the prosecution story, the informant has
Patna High Court CR. MISC. No.22697 of 2026(3) dt.06-05-2026
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          alleged that on receiving information through a WhatsApp

          message regarding communal tension and a riot-like situation in

          village Sohaipur under Mufassil Police Station, District Gaya, in

          connection with the Bihar Legislative Assembly Elections,

          2025, the informant, Subodh Kumar, Election Registration

          Officer-cum-Land Reforms Deputy Collector, Manpur, reached

          the village along with police officials and Magistrates. Upon

          inquiry, it was revealed that a dispute had initially arisen

          between children of the Yadav and Sharma (carpenter)

          communities over bursting firecrackers on 22.10.2025, which

          subsequently escalated into violent clashes between both

          groups. It is alleged that members of both communities formed

          unlawful assemblies, assaulted each other, indulged in

          indiscriminate brick-batting and stone-pelting, and created a

          serious law-and-order situation, causing injuries to several

          persons and obstructing government officials in discharge of

          their official duties during the election period. Several named

          accused persons from both sides, along with 20–25 unknown

          persons, were alleged to be involved in the occurrence. The

          injured persons were taken into custody after medical treatment,

          and during interrogation they disclosed the names of other

          participants involved in the incident.
Patna High Court CR. MISC. No.22697 of 2026(3) dt.06-05-2026
                                            3/4




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. They

          have been falsely implicated in the present case due to political

          and election rivalry. It is further submitted that the allegations of

          assault and abuse levelled against the petitioners are general,

          vague, and omnibus in nature, and no injury report of the

          informant’s side has been annexed with the F.I.R. It is also

          contended that, owing to local political animosity and with an

          intention to exert pressure for compromise and to shield

          themselves in connection with Muffasil P.S. Case No. 1114 of

          2025, the informant’s side informed the police and deliberately

          suggested the names of the petitioners for false implication.

                       5. Learned APP opposes the prayer for bail.

                       6. Keeping in view the aforesaid facts, this Court is

          inclined to extend them the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          date of receipt of this order, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) each with two sureties of like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Gaya, in connection with Muffasil P.S. Case No. 1115 of 2025

          subject to the conditions as laid down under Section 482 of
           Patna High Court CR. MISC. No.22697 of 2026(3) dt.06-05-2026
                                                       4/4




                     B.N.S.S., as also with the condition that one of the bailors

                     should be close relative of the petitioners.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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