Patna High Court

Krishna Kumar @ Krishna SinghversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Krishna Kumar sought anticipatory bail after being implicated in a FIR alleging assault on an informant and his family over a drainage dispute between pattidars. The FIR charges him under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for assault, including sections 126(2), 115(2), 118(1), 117(2), 109 and 3(5). The petitioner argued that the allegations are general and omnibus, the injuries are mostly simple, and the only grievous injury was to a non‑vital part of the body caused by another accused. The State opposed the bail on the basis of the FIR allegations. Considering the nature of the accusations, the court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, a four‑week surrender period, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted when the FIR contains only general and omnibus allegations of assault.
Whether the nature of the injuries and the presence of a dispute affect the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
assault
FIR
BNSS
Criminal Procedure Code
bail conditions
pattidar dispute
drainage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25878 of 2026
                        Arising Out of PS. Case No.-277 Year-2025 Thana- TARAIYA District- Saran
                 ======================================================
                 Krishna Kumar @ Krishna Singh S/o Late Satya Narayan Singh Resident of
                 Village- Chainpur Kharati, P.S- Taraiya, District- Saran
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 126(2),

                   115(2), 118(1), 117(2), 109 and 3(5) of the B.N.S.

                                3. The allegation in the First Information Report is

                   that the petitioner along with other co-accused persons has

                   assaulted the informant and his family members.

                                4. Learned counsel for the petitioner submits that it

                   would be evident from the First Information Report itself that

                   there was a dispute between pattidar on account of drainage and

                   the entire family has been made an accused. It has been

                   submitted that there is case and counter case and the injuries

                   suffered by most of the injured are simple in nature and the

                   injury caused to one Anish Kumar Singh is said to be grievous
            Patna High Court CR. MISC. No.25878 of 2026(2) dt.24-04-2026
                                                        2/2




                      in nature (Annexure-P/3 series), but the same is on the non-vital

                      part of the body and the author of the said injury, according to

                      FIR, is one Ripu Kumar Singh. So far as the petitioner is

                      concerned, allegations are of general and omnibus nature.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and considering the fact that the petitioner has

                      been imputed only general and omnibus allegations of assault,

                      let the above named petitioner, be released on bail, in the event

                      of his arrest or surrender before the learned Court below within

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

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

                      like amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Taraiya P.S. Case No. 277 of 2025, subject to the condition as

                      laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)

                      of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

Continue reading with your account

Checking your session…