Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Given the petitioner’s clean antecedent, the agnate relationship with the informant, and the injury being to a non‑vital part, the court held that bail could be granted under Section 438(2) CrPC subject to conditions.
Summary
The petitioner, Kundan Kumar, was implicated in a FIR alleging assault and other offences under the Bihar Narcotic Substances Act, 2023. He applied for bail, claiming a clean antecedent and that the allegations were fabricated due to a land dispute with the informant, who is his agnate. The prosecution opposed bail, citing the seriousness of the offences. The court noted the petitioner’s clean record, the familial relationship between the parties, and that the injury was to a non‑vital part of the body, and consequently granted bail. Bail was ordered on a bond of Rs.10,000 with two sureties and subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the alleged offences.
- Whether the petitioner’s clean antecedent and agnate relationship with the informant justify bail.
- Whether the nature of the injury (non‑vital part) affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Bihar Narcotic Substances Act
- assault
- clean antecedent
- agnate relationship
- non‑vital injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4245 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Kundan Kumar S/o- Ravindra Paswan Resident of Villag- Jehaldih, P.S.-
Sirdalla, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Man Mohan Kumar, learned counsel for
the petitioner, Mr. Rajendra Nath Jha, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sirdalla P.S. Case No. 332 of 2025, F.I.R. dated
26.08.2025 for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have abused and assaulted the
informant due to which he received injury on his hand.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.4245 of 2026(2) dt.06-02-2026
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any offence as alleged in the F.I.R. He further submits that the
both the parties are agnates and due to land dispute the present
occurrence has taken place. Although the specific allegation of
assault by means of iron rod is against the petitioner and the
informant received injury but the injury is reflected on the non-
vital part of the body caused by hard and blunt substance.
5. Learned counsel for the informant and learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, both the parties are
agnate to each other and the injury received on non-vital part of
the injured, let the petitioner, above named, in the event of arrest
or surrender before the court below within a period of thirty
days from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
JM, 1st Class, Nawada in connection with Sirdalla P.S. Case No.
332 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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