Patna High Court
Krishna Kumar @ Krishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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)
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