Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioner subject to surrender within six weeks and bail bond conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Kunal Kumar sought anticipatory bail fearing arrest in a case (PS No. 312 of 2025) involving alleged arson and attempts to burn a fire tender, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the FIR named him only in a general, omnibus manner and that the sole basis for his implication was video footage, while other accused had already been granted bail and he has no prior criminal record. The State opposed the bail. The Court examined the material, noting the lack of specific incriminating evidence against the petitioner, and ordered that he be released on anticipatory bail provided he surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S. The order aims to prevent unlawful arrest while safeguarding the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the material evidence.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 121(1), 121(2), 132, 190, 191(1), 191(2), 326(g), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- video evidence
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32585 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Kunal Kumar, S/o Anil Sah @ Anil Kumar, R/o vill - Ward no. 19, Beldaur,
P.o. and P.S.- Beldaur, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Beldaur P.S. Case No. 312 of 2025 dated 20.10.2025,
registered for the offence punishable under Sections 191(2),
191(1), 190, 115(2), 109, 121(2), 121(1), 132, 326(g), 352,
351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation is that on information, the police
got information that fire has broken in the tent house and
some shops near Beldaur Petrol Pump and when fire tender
was sent, the local shopkeepers and anti-social elements
have tried to burn the fire tender vehicle.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has been falsely implicated
in this case. It is submitted that the F.I.R. has been lodged
Patna High Court CR. MISC. No.32585 of 2026(2) dt.13-05-2026
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against 51 named accused persons and 100-150 unknown
persons. There is no specific allegation against the
petitioner, rather, the allegation against the petitioner is
general and omnibus. The petitioner is named in the F.I.R..
Only on the basis of video footage, the petitioner has been
made accused in this case. It is further submitted that other
accused persons, namely, Vikram Kumar @ Bikram Kumar
@ Vikram Kumar Saurabh, Chhotu Kumar, Rupesh Kumar,
Bablu Kumar and Nayak Kumar have been granted bail
vide order dated 08.04.2026 passed in Criminal
Miscellaneous No. 6791 of 2026 by a co-ordinate Bench of
this Court. Lastly, it has been submitted that the petitioner
has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail
of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, in the event of arrest / surrender of the petitioner
within a period of six weeks from today, in connection with
Beldaur P.S. Case No. 312 of 2025, he shall be released on
anticipatory bail upon furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.32585 of 2026(2) dt.13-05-2026
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(ten thousand) with two sureties of the like amount each to
the satisfaction of the learned J.M.-Ist Class, Khagaria,
subject to condition as laid down under Section 482(2) of
B.N.S.S..
(Khatim Reza, J)
prabhat/Aayan
U T
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