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Patna High Court

Krishna Kumar @ Krishan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail subject to the stipulated conditions.

Summary

Krishna Kumar was arrested on 7 December 2025 in connection with a police case involving alleged assault and interception of an informant, charged under several sections of the B.N.S. The petitioner claimed a clean antecedent and argued that the FIR was fabricated, noting that co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the offences. The High Court, after considering the clean record, the existence of a case and counter‑case, and the bail granted to co‑accused, ordered the petitioner’s release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed the lower court to verify the petitioner’s antecedent but not to delay bail on that ground.

Issues considered

  • Whether the petitioner is entitled to bail despite the nature of the offences under the B.N.S.
  • Whether the petitioner’s clean antecedent and the existence of a case and counter‑case justify bail
  • Whether the conditions imposed are sufficient to safeguard the trial process

Legislation cited

  • B.N.S. — s. 109(1), 115(1), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • case and counter case
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3217 of 2026
                       Arising Out of PS. Case No.-169 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Krishna Kumar @ Krishan Kumar Son of Sudhir Yadav R/o Village - Sushil
                 Nagar, P.S. - Singhaul in the district of Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sunil Kumar, Advocate
                 For the APP              :         Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                      Heard Mr. Sunil Kumar, learned counsel for the

                   petitioner and Mr. Nagendra Prasad, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   07.12.2025 in connection with Singhaul P.S. Case No. 169 of

                   2025, F.I.R. dated 15.10.2025 for the offences punishable under

                   Sections 115(1), 126(2), 352, 351(2), 109(1), 3(5) of the B.N.S.

                                 3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have intercepted the informant

                   and started assaulting him by iron rod, khanti, lathi, bricks etc.

                   Petitioner is alleged to have assaulted one Ajay Yadav on his

                   head by Khanti due to which he suffered head injury.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.3217 of 2026(2) dt.20-01-2026
                                            2/3




          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..

          Although, the petitioner is named in the F.I.R. and the allegation

          against him is that he assaulted one Pramod Yadav by means of

          iron rod and he received injury near eyes and leg which is

          simple in nature. There is case and counter case between the

          parties and petitioner’s side also received injury in the counter

          case and co-accused persons, namely, Sabo Devi, Fudo Devi,

          Pinkesh Kumar and others have been granted bail by lower

          court below itself. He further submits that co-accused person

          namely Naveen Kumar @ Naveen Yadav @ Navin Kumar has

          been granted bail by this Court vide order dated 19.01.2026

          passed in Cr. Misc. No. 1865 of 2026. The petitioner is in

          custody since 07.12.2025.

                       5. Learned APP for the State have vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is case and counter

          case between the parties, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
               Patna High Court CR. MISC. No.3217 of 2026(2) dt.20-01-2026
                                                           3/3




                         satisfaction of the learned Additional Chief Judicial Magistrate-

                         IV, Begusarai in connection with Singhaul P.S. Case No. 169 of

                         2025, with the 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, his/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

                         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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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