Patna High Court

Molu Kumar @ Adarsh KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court directed that the petitioner be released on pre‑arrest bail subject to a bond and conditions under Section 482(2) of the BNSS of 2023.

Summary

The petitioner, Molu Kumar, was charged under Sections 341, 323 and 307/34 of the Indian Penal Code (and corresponding sections of the Bihar Negotiable Statutes) for allegedly assaulting and attempting to kill the son of an informant. The petitioner sought pre‑arrest bail, arguing that only a single grievous injury was found and that co‑accused persons in the same case had already been released on bail. The State opposed the bail, contending that the allegations were serious and omnibus. The Court noted the general nature of the allegations, the precedent of bail to co‑accused, and directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS of 2023. The Court also directed the district court to verify the petitioner’s criminal antecedents, and the bail order would lapse if further involvement in other cases is found.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite charges under Sections 341, 323, 307/34 IPC.
Whether the general and omnibus nature of the allegations precludes the grant of bail.
Whether the release of co‑accused on bail in the same case influences the bail decision.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5)
Indian Penal Code — s. 307, 323, 34, 341

Subjects

pre‑arrest bail
Indian Penal Code
assault
attempt to murder
Section 482
Bihar criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25382 of 2026
                 Arising Out of PS. Case No.-346 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Molu Kumar @ Adarsh Kumar Son of Rajeev Singh @ Ranjeet Singh R/O
                 Village - Kapasiya, P.S.- Town, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Pampy Kumari, Advocate
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Town P.S.Case No.346 of 2020, registered for the offences

                   punishable under Sections 341, 323, 307/34 of the Indian Penal

                   Code [corresponding Sections 126(2), 115(2), 109 and 3(5) of

                   BNS].

                                3. As per the allegation made in the FIR, the petitioner

                   along with the other co-accused persons with a common

                   intention assaulted the son of the informant to kill him and

                   thrown him into a drain.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the co-accused persons, namely, Sonu

                   Kumar and Rishikesh Kumar, against whom similar allegation
Patna High Court CR. MISC. No.25382 of 2026(2) dt.22-04-2026
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          has been made that only one injury was found on the body of

          the son of the informant though it has been opined by the

          Doctor to be grievous injury. For similar allegation, other co-

          accused have been released on pre-arrest bail, vide order dated

          20.02.2026 passed in Cr. Misc. No.78801 of 2025.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, considering the fact that general and

          omnibus allegation has been alleged against the petitioner, the

          petitioner is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the learned district court

          within a period of four weeks from today, on furnishing bail

          bond of Rs.10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned CJM, Begusarai

          or Successor/concerned court, in connection with Begusarai

          Town P.S.Case NO.346 of 2020, subject to conditions as laid

          down under Section 482(2) of BNSS of 2023

                       7. The learned district court is directed to verify the

          criminal antecedent of the petitioner and if it is found that the

          petitioner is involved in some other cases as what has been

          stated in paragraph No.3 of the bail application, this order will
            Patna High Court CR. MISC. No.25382 of 2026(2) dt.22-04-2026
                                                        3/3




                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T

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