Patna High Court
Kundan Kumar @ Kundan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court ordered the lower court to examine the genuineness of the compromise and, if found genuine and supported by the victim, to release the petitioner on bail with prescribed bond and sureties.
Summary
The petitioner, Kundan Kumar, applied for regular bail in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, 2023, alleging assault on an informant with a dabia that caused head injuries. The prosecution alleged the assault, while the petitioner claimed innocence and asserted that the dispute had been amicably settled with the victim. The petitioner had been in custody since 21 January 2026. The High Court examined the bail application and the claim of compromise, directing that the lower court verify the genuineness of the settlement and the victim’s support. If the compromise is found genuine, the petitioner is to be released on bail with a bond of Rs. 10,000 and two sureties of the same amount; otherwise, the lower court must pass an appropriate order as per law.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial.
- Whether the alleged compromise between the petitioner and the victim is genuine and sufficient to justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- compromise
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27615 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Kundan Kumar @ Kundan Kumar Singh S/o Raghuwansh Singh Resident of
village - Madhopur P.S - Madhuban, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh
For the Opposite Party/s : Mr. Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Madhuban P.S. Case No. 230 of 2025 registered for the offence
under Section(s) 126(2), 115(2), 109, 303(2), 329(3), 352,
351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have assaulted the informant with a dabia, as a result of
which the informant sustained head injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that both parties have amicably settled their
disputes. The petitioner is in custody since 21.01.2026.
5. In the above circumstances, the application is
Patna High Court CR. MISC. No.27615 of 2026(2) dt.28-04-2026
2/2
disposed of with liberty to the petitioner to approach the Court
below for bail. The Court below shall examine the genuineness
of the compromise. If the compromise is found to be genuine
and supported by the victim, the petitioner shall be released on
bail upon furnishing bail bonds of Rs. 10,000 (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below.
6. In the event the compromise is not genuine or is not
supported by victim, the Court below shall pass an appropriate
order in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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