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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Kundan Kumar was named in an FIR relating to a protest against the Agnipath Scheme, alleged to have participated in mob violence and property damage under multiple IPC sections and the Damage of Public Property Act. He contended that he has a clean antecedent, was falsely implicated, and that his name was derived only from a co‑accused's confession, with no specific allegation of assault against him. The prosecution opposed his bail, while the court noted that similar co‑accused had been granted anticipatory bail and that the petitioner's case lacked a distinct overt act. Considering the absence of specific charges, the petitioner's clean record, and the precedent of bail to co‑accused, the court ordered his release on bail subject to conditions under Section 438 of the CrPC and Section 482(2) of the BNSS, 2023. The bail bond was set at Rs. 10,000 with two sureties and several compliance conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged in the FIR
  • Whether the lack of specific allegation of assault against the petitioner warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • mob violence
  • false implication
  • clean antecedent
  • Agnipath Scheme protest
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2720 of 2026
                       Arising Out of PS. Case No.-168 Year-2022 Thana- KHAGAUL District- Patna
                 ======================================================
                 Kundan Kumar Son of Tarun Singh R/o Village - Ratan Tola, P.S. - Maner,
                 Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vidyapati, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-01-2026                  Heard Mr. Vidyapati, learned counsel for the

                   petitioner and Mr. Uday Pratap Singh, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Khagaul P.S. Case No. 168 of 2022, F.I.R.

                   dated 17.06.2022 for the offences punishable under Sections

                   147, 148, 149, 341, 323, 332, 333, 353, 427, 307, 120(B), 337,

                   338, 506 of the Indian Penal Code and section 3/4 of Damage of

                   Public Property Act.

                                3. As per the First Information Report, the informant

                   alleged that the petitioner was a member of mob who were

                   protesting against the Agnipath Scheme of Government. It is

                   further alleged that after sometime the protesters in aggressive

                   manner started damaging the vehicles present there and they
Patna High Court CR. MISC. No.2720 of 2026(2) dt.16-01-2026
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          vandalized the police vehicle and set private vehicles on fire.

          They threw bricks and stones on the police force due to which

          the police personnel got severe injuries.

                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          Initially, the petitioner was not named in the F.I.R., the name of

          the petitioner has been transpired on the basis of confessional

          statement of apprehended co-accused, namely, Vikki Kumar.

          From a bare perusal of the F.I.R., it appears that there is no

          specific allegation of assault or overt act attributed against the

          petitioner rather the allegation is general and omnibus in nature

          and similarly situated co-accused persons, namely, Gajraj

          Kumar and Tannu Kumar have been granted anticipatory bail by

          a coordinate Bench of this Hon’ble Court vide order dated

          09.10.2025 passed in Cr. Misc. No. 71435 of 2025 and another

          co-accused persons, namely, Manish Kumar and Chotu Kumar

          have been granted anticipatory bail by this Court vide order

          dated 29.07.2025 passed in Cr. Misc. No. 50387 of 2025.

                       5.   Learned       Additional          Public   Prosecutor   has
Patna High Court CR. MISC. No.2720 of 2026(2) dt.16-01-2026
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          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the petitioner has clean antecedent, there is no

          specific allegation of any assault or overt act attributed against

          the petitioner and similarly co-accused persons have been

          granted bail by different Coordinate Benches of this Hon’ble

          Court, let the petitioner, above named, in the event of his arrest

          or surrender before the court below within a period of thirty

          days from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          A.C.J.M., 5th, Danapur in connection with Khagaul P.S. Case

          No. 168 of 2022, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure/Section

          482(2) of BNSS, 2023 and with other following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
            Patna High Court CR. MISC. No.2720 of 2026(2) dt.16-01-2026
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                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                 (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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