Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner, subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Kundan Kumar, sought relief from imminent arrest in a case where an FIR alleged that he and others assaulted an informant’s son and a rescuer with an iron rod, invoking sections 190, 191(2), 126(2), 115(2), 109(1), 117(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The petitioner’s counsel argued that the FIR was vague, filed with a two‑day delay, and that no specific act could be linked to him; he also highlighted his clean antecedents and that four co‑accused had already been granted anticipatory bail by the same court. The State opposed bail, contending that the allegations were general and omnibus. The court noted the similarity of the petitioner’s situation to the other accused who received anticipatory bail and, considering the lack of specific incriminating material, ordered his release on bail upon furnishing a Rs.30,000 bond under Section 2(1)(d) of the B.N.S.S., 2023, with conditions under Section 482(2). The order directed the petitioner to surrender before the trial court within four weeks.
Issues considered
- Whether bail should be granted to the petitioner despite the general and omnibus nature of the allegations under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s circumstances merit the same relief as the four similarly situated accused who were granted anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 2(1)(d), 352, 482(2)
Subjects
- bail
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42417 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Kundan Kumar S/o Shrawan Paswan R/o Village - Sultanpur, PS - Rahui,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rahui P.S. Case No. 553 of 2025 lodged on 17.09.2025, for
the offence punishable under Sections 190, 191(2), 126(2),
115(2), 109(1), 117(2) & 352 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
10 named accused persons with allegation that they have
assaulted the informant’s son by iron rod and when Mantu Bind
tried to save the informant’s son, then the accused persons also
assaulted him by iron rod due to which, he sustained injury on
his head.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42417 of 2026(2) dt.08-07-2026
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petitioner is innocent and has committed no offence. Counsel
submits that from the contents of the FIR, it become crystal
clear that there is nothing specific against the present petitioner
and there is neither any act or overt act. He submits that the
present FIR has been lodged with a delay of two days and for
the same date and place of occurrence, there are case and
counter case filed from both the sides and both parties are
resident of the same village. Counsel further submits that four
similarly situated accused persons have already been granted
anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 06.05.2026 passed in Cr. Misc. No. 8301 of 2026.
Counsel also submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the allegation
against the petitioner is general and omnibus in nature and four
similarly situated accused persons have already been granted
anticipatory bail by the Co-ordinate Bench of this Court.
6. In the present facts and circumstances of this case
considering that the allegation against the petitioner is general
and omnibus in nature and four similarly situated accused
persons have already been granted anticipatory bail by the Co-
ordinate Bench of this Court, let the above named petitioner be
Patna High Court CR. MISC. No.42417 of 2026(2) dt.08-07-2026
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released on bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif,
in connection with Rahui P.S. Case No. 553 of 2025, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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