Patna High Court
Karan Kumar @ Karan SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to specified conditions.
Summary
The petitioners, Karan Kumar and Niraj Kumar, applied for anticipatory bail fearing arrest in a case (Jamui P.S. Case No. 54 of 2026) involving multiple offences under the B.N.S. They were alleged to have assaulted an informant during a dispute over a tea shop they operated opposite the informant's shop. The petitioners claimed innocence, offered an undertaking not to run the tea shop, and highlighted one clean antecedent and one prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The High Court, considering the circumstances and the petitioners' undertaking, granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and the condition that they not operate the tea shop, invoking Section 438 of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the B.N.S.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or repeating the alleged offence.
- Whether imposing a condition prohibiting the operation of a tea shop is a valid bail condition.
Legislation cited
- B.N.S. — s. 482
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- tea shop dispute
- Jamui
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37123 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- JAMUI District- Jamui
======================================================
1. Karan Kumar @ Karan Sao S/O Surendra Prasad Sao @ Surendra Pd. Saw
Resident of Village- Nimarang, Ward No. 30, P.O and P.S.- Jamui, District-
Jamui.
2. Niraj Kumar @ Niraj Barnwal S/O Mahesh Prasad Modi R/O Village-
Bodhwan Talab, P.O. and P.S- Jamui, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Jamui P.S. Case No. 54 of 2026 registered for
the offence under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 117(2), 109, 308(4), 333, 352, 351(2), 308(5) of the
B.N.S.
3. As per the prosecution case, the petitioners
along with others, were running a tea shop in front of the
informant's shop, which gave rise to a dispute and in the course
thereof, the injured was allegedly assaulted by the petitioners
and others.
Patna High Court CR. MISC. No.37123 of 2026(2) dt.15-06-2026
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4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
there is general and omnibus allegations against the petitioners.
Learned counsel further submits that the petitioners are ready to
give an undertaking that they will not run a tea shop in front of
the shop of the informant. Petitioner no. 1 has one criminal
antecedent and petitioner no. 2 has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Jamui/ concerned Court below in connection with Jamui P.S.
Case No. 54 of 2026, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
8. This is also subject to the condition that the
Patna High Court CR. MISC. No.37123 of 2026(2) dt.15-06-2026
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petitioners shall not operate any tea shop in front of the
informant's shop. If the petitioners are found to be continuing
the operation of the said tea shop, their bail bonds shall not be
accepted by the court below.
(Sandeep Kumar, J)
tusharika/-
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