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Patna High Court

Karan Kumar @ Karan SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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/-

U       T


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