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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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