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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.4245 of 2026(2) dt.06-02-2026
                                                        3/3




                      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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