Patna High Court
Kunj Bihari SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Kunj Bihari Singh and his son Prabhat Kumar, applied for anticipatory bail after being implicated in a case (Sultanganj P.S. Case No. 25 of 2025) for offences including assault and grievous hurt under several sections of the BNSS. The informant, Krishnanandan Singh, alleged that the petitioners assaulted him at a school, causing severe head, nose and tooth injuries, and subsequently tried to drag him to a house for killing. The petitioners argued that most of the cases against them were filed by the same informant and that the second petitioner was preparing for a competitive examination. The prosecution presented the hospital injury report confirming grievous injuries, and highlighted the petitioners’ extensive criminal antecedents (seven cases against petitioner 1 and six against petitioner 2). Considering the seriousness of the allegations, the injury report, and the petitioners’ prior criminal record, the Court found no basis for anticipatory bail and rejected the application, directing the second petitioner to surrender within four weeks for prompt disposal of the case.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in view of the alleged assault, grievous injuries, and their extensive criminal antecedents.
- Whether the condition of surrender within four weeks for the second petitioner is appropriate.
Legislation cited
- BNSS — s. 115(2), 118(1), 126(2), 303(2), 318(4), 319(2), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- criminal antecedent
- competitive examination
- surrender condition
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46331 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
1. Kunj Bihari Singh S/o Late Siv Pujan Singh Resident of Village-Nonsar,
P.S-Sultanganj District-Bhagalpur
2. Prabhat Kumar @ Prabhat Kumar Singh S/O Kunj Behari Singh Resident of
Village-Nonsar, P.S-Sultanganj District-Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jawed Gaffar Khan, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
For the informant : Mr. Manish Chandra Gandhi, Adv.
Mr. Himanshu Ranjan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 21-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Sultanganj P.S. Case No. 25 of 2025 for the offence
registered under sections 126(2), 115(2), 118(1), 303(2), 319(2),
318(4), 352, 351(2) of the BNSS lodged on 17.01.2025 by the
informant, Krishnanandan Singh.
3. As per the prosecution story, the informant alleged
that he was present at the school when the petitioners firstly
abused asking him to desist from appearing as a witness in
previous criminal cases and later upon objection, hit him on his
head causing severe injuries on head as also the nose and the
tooth.
Patna High Court CR. MISC. No.46331 of 2025(5) dt.21-01-2026
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4. They tried to drag him in the house for killing but
on raising alarm, the family members rushed to the place, later
he went to the hospital and thereafter, the FIR.
5. Learned counsel for the petitioners submit that
though both the petitioners have multiple cases, most of them
have been lodged by the present informant, there is case and
counter case, both sides have suffered and petitioner no. 2 is
pursuing competitive examination.
6. Learned counsel for the informant, on the other
hand, opposes the prayer and has taken this Court to the injury
report of Referral Hospital, Sultanganj where multiple injuries
have been reported and injury no. 2 on the nose has been found
to be grievous in nature.
7. It is to be noted that in the original application, it
was recorded in paragraph 3 that the petitioners have four
criminal antecedents but later, both the petitioner as also the
informant has informed that besides the aforesaid four, three
more cases are against petitioner no. 1 while two cases against
petitioner no. 2 which makes seven and six cases respectively
against them.
8. Considering the allegation that has come including
the injury report coupled with the criminal antecedent, no case
Patna High Court CR. MISC. No.46331 of 2025(5) dt.21-01-2026
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for anticipatory bail is made out, the same is accordingly
rejected.
9. However, since the petitioner no. 2 is pursuing
competitive examination, if he surrenders in next four weeks,
the Court concerned shall see to it that the same is taken up and
disposed of preferably on the same day without being
prejudiced by any of the observations made by this Court.
(Rajiv Roy, J)
Vijay Singh/-
U T
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