Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- B.N.S.S. — s. 109, 115(2), 126(2), 132, 190, 191(2), 292, 323
- Criminal Procedure Code — s. 482
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.