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Patna High Court

Kundan Kumar @ Kundan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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