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Patna High Court

Kunal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     (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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