Patna High Court
Krishnakant Singh @ Bhola @ Krishna Kant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court allowed the anticipatory bail application, subject to bond and surety conditions.
Summary
The petitioner, Krishnakant Singh, was named in an FIR (Bhagwanpur PS Case No. 92 of 2026) alleging multiple offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, including assault, attempt to murder and illegal possession of arms. He applied for anticipatory bail after the lower court rejected his earlier bail plea and a process under section 84 of the B.N.S. was issued. The petitioner argued that the allegations were false, the FIR was delayed, and he had no prior criminal record. The State and the informant opposed the bail, contending that the process under section 84 barred anticipatory relief. The High Court, after considering the facts, the delay in filing the FIR, and the petitioner’s cooperation, granted anticipatory bail subject to a bail bond, sureties and conditions under section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted despite the issuance of a process under section 84 of the Bharatiya Nyaya Sanhita
- Whether the allegations in the FIR constitute cognizable offences warranting denial of bail
- Whether the delay in lodging the FIR affects the grant of anticipatory bail
- Whether the petitioner is entitled to bail under section 482(2) of the Bharatiya Nyaya Sanhita
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 351(2), 352, 482(2), 84
Subjects
- anticipatory bail
- section 84
- section 482
- Bharatiya Nyaya Sanhita
- Arms Act
- FIR delay
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35168 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- BHAGWANPUR District- Vaishali
======================================================
Krishnakant Singh @ Bhola @ Krishna Kant Kumar S/o Vinay Kumar Singh
@ Vinay Singh R/o Banthu Bafapur Banthu, PS- Bhagwanpur, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Madhukar Anand, Adv.
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned Senior counsel for the petitioner,
learned Additional Public Prosecutor for the State and learned
counsel for the informant, through virtual mode.
2. The petitioner is apprehending his arrest in a case
in connection with Bhagwanpur P.S. Case No. 92 of 2026 dated
12.03.2026 registered for the offences punishable under
Sections 126(2), 115(2), 352, 351(2), 303(2), 117(2) & 109 of
the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms
Act.
3. As per the allegation, when the informant was
returning to his house after visiting his field and as soon as he
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reached near Banthu Middle School, a four wheeler car dashed
the motorcycle of the informant, thereafter, five persons came
out of the car. It has been alleged that the petitioner was driving
the car and he started firing upon the informant which did not
hit him. It is further alleged that the petitioner assaulted by
means of butt of country made pistol on the left hand of the
informant, whereas, three persons were holding him. It is further
alleged that the informant was assaulted by means of stick on
his leg and whole body, as a result of which, he received severe
injuries. It is further alleged that one person assaulted by means
of rod upon the finger of the informant and threatened to kill
him and also took out Rs. 13,300/- (Rupees Thirteen Thousand
Three Hundred) from his pocket. It has further been alleged that
the informant was being forcibly taken inside the car, upon
which the informant protested, spray was given on his face and
with an intention to cut the neck, the informant was assaulted by
means of blade and also his gold chain was snatched. It has
further been alleged that the accused persons including the
petitioner while retreating from the place of occurrence started
threatening the informant that since people have come so he is
being spared but on next day he will be shot and cut into pieces.
The cause of occurrence is alleged to be the fact that the
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informant used to talk to the cousin sister of the petitioner and
due to this fact, the present offence took place.
4. Learned Senior counsel for the petitioner has
submitted that the allegation appears to be false in view of the
fact that as per the allegation, the petitioner is alleged to have
fired but it did not hit the informant and there is no allegation
that the petitioner repeated the firing. It has been further
submitted that thereafter, there is an allegation against the
petitioner that he assaulted by means of butt of pistol on the
hand which is non vital part of body and the supplementary
injury report suggests that the injury on both the limbs were
opined to be simple in nature, while the allegation of assault by
blade is against another co-accused. It has further been
submitted that the cousin sister of the petitioner has lodged a
case against the informant under the offences punishable under
Sections 126(2), 115(2), 79, 351(2), 352 & 3(5) of the Bharatiya
Nyaya Sanhita, 2023, and alleging interalia that the present
informant used to misbehave with her and there is allegation
that the present informant was trying to pressurize the cousin
sister of the petitioner for marriage. It has further been
submitted that there is delay of about five days in lodging the
present FIR without any plausible explanation for the same,
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which goes on to show that after due deliberation and
concoction, the present case has been filed. It has further been
submitted that in the present facts and circumstances of the case,
no offence under Section 109 of the B.N.S. is made out. It has
further been submitted that though, there is allegation of assault
by stick, there is no injury report in this regard. It has lastly been
submitted that the petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Learned counsel for the informant also vehemently
opposed the prayer for anticipatory bail of the petitioner and
submitted that process under section 84 of the B.N.S.S has been
issued against the petitioner on 14.05.2026 and as such, the
petitioner is not entitled for anticipatory bail as of now.
7. Learned Senior counsel for the petitioner in reply
has submitted that the present case was itself lodged on
12.03.2026 and the petitioner immediately approached the court
below for grant of anticipatory bail and the matter was finally
heard and decided by court below by order dated 27.04.2026
after calling for and perusing the case diary. It has further been
alleged that after the rejection of the anticipatory bail of the
petitioner by the court below, certified copy of the Impugned
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order rejecting Anticipatory Bail of the petitioner was procured
on 02.05.2026 and thereafter, this petitioner immediately filed
the present anticipatory bail application before this court on
12.05.2026 and only after the filing of the anticipatory bail
application by the petitioner before this court, the process under
section 84 of the B.N.S.S has been directed to be issued against
the petitioner. Learned Senior counsel for the petitioner has thus
submitted that the petitioner was throughout pursuing his legal
remedies before the court below and case diary was called for
by the court below from the local police and hence the local
police was aware about the pendency of the anticipatory bail
application in the court below and within two months of the
registration of the FIR and after filing of the anticipatory bail
application before this court, process under section 84 of the
B.N.S.S has been resorted to.
8. Heard the parties and perused the record.
9. Considering the entire facts and circumstances of
the case in totality, let the above named petitioner, in the event
of his arrest/surrender within a period of six weeks from today,
be enlarged on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
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Judicial Magistrate-VI, Vaishali at Hajipur, in connection with
Bhagwanpur P.S. Case No. 92 of 2026, subject to conditions as
laid down under section 482(2) of the B.N.S.S.
10. Accordingly, the present anticipatory bail
application stands allowed.
(Praveen Kumar, J)
Divyansh/-
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