Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 3(5), 351(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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