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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding the allegations against him to be general and noting his clean antecedent.

Summary

Kundan Kumar applied for anticipatory bail in connection with a case (Halsi P.S. Case No.171 of 2025) where his son was allegedly assaulted with iron rods, leading to charges under Sections 126(2), 127(2), 115(2), 109, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the assault was instigated by Lala Ravi Das, while the petitioner’s counsel argued that the FIR contains only general, omnibus allegations and no specific charge against Kundan Kumar, who also has a clean antecedent. The learned Additional Public Prosecutor opposed the bail, but the court noted the lack of specific allegations and the petitioner’s clean record. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order also imposed standard conditions such as appearing before the trial court, not tampering with evidence, and refraining from further offences.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the FIR contains only general allegations and no specific charge against the petitioner?

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • clean antecedent
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5867 of 2026
                       Arising Out of PS. Case No.-171 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Kundan Kumar S/O Suresh Ravidas Resident of village- Thakhi, P.S.- Halsi,
                 Dist.- Lakhisarai
                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Patna
                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumari Anupam
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-02-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Halsi P.S. Case No.171 of 2025, F.I.R dated

                   03.07.2025 registered for the offences punishable under

                   Sections 126(2), 127(2), 115(2), 109, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 03.07.2025 at

                   about 5:10 PM, his son Krish Kumar was returning home on a

                   motorcycle from Ravi Das Tola when Dilraj Kumar inserted an

                   iron rod into the wheel of the motorcycle, causing him to fall.

                   Thereafter, several persons assaulted his son with iron rods,
Patna High Court CR. MISC. No.5867 of 2026(3) dt.24-02-2026
                                            2/4




          resulting in injuries and unconsciousness. On hearing the

          commotion, the informant rushed to the spot, upon which the

          accused persons fled. The injured was then taken to Sadar

          Hospital, Lakhisarai for treatment. The occurrence is alleged to

          have taken place at the instigation of Lala Ravi Das @ Prince

          Ravidas through mobile communication, and it is further stated

          that the accused had previously been involved in a firing

          incident against the informant.

                      4. Learned counsel for the petitioner submits that there

          is no specific allegations against this petitioner rather the

          allegations are general and omnibus and from the contents of the

          F.I.R., it appears that person behind the present incident is Lala

          Ravi Das @ Prince Ravidas. It has next been submitted by

          referring to the F.I.R. that the informant himself is also not an

          eye-witness to the incident in question. The petitioner has clean

          antecedent and has falsely been implicated in the present case.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegations against this petitioner rather

          the allegations are general and omnibus and from the impugned

          order, it appears that the informant himself is not an eye-witness
Patna High Court CR. MISC. No.5867 of 2026(3) dt.24-02-2026
                                            3/4




          to the incident in question and the petitioner has clean

          antecedent. Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her 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 C.J.M., Lakhisarai, in connection

          with Halsi P.S. Case No.171 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.5867 of 2026(3) dt.24-02-2026
                                                       4/4




                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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