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Patna High Court

Krishna Kumar @ Krishna GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to prescribed conditions.

Summary

The petitioners, Krishna Kumar and Deepak Kumar, were named in an FIR for alleged assault and other offences under the Bhartiya Nyay Sanhita, 2023, stemming from a dispute involving the informant's relationship with a co-accused. They contended that the allegations of physical assault were vague, omnibus, and intended to implicate their family members, asserting clean antecedents. The State opposed their request for anticipatory bail. The Court examined the nature of the accusations and the petitioners' background, finding the charges against them to be general and lacking specific evidence. Consequently, the Court ordered that, upon arrest or surrender within four weeks, the petitioners be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order emphasizes the requirement to satisfy the Chief Judicial Magistrate of Nawada.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences under the Bhartiya Nyay Sanhita.
  • Whether the allegations of physical assault against the petitioners are specific enough to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • criminal procedure
  • Bhartiya Nyay Sanhita
  • clean antecedent
  • general allegations
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6252 of 2026
                       Arising Out of PS. Case No.-64 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
           1.     Krishna Kumar @ Krishna Gupta S/o Shiv Narayan Halwai Resident of
                  Village and P.S.- Domchanch, Dist.- Kodarma
           2.     Deepak Kumar @ Deepak Gupta S/O Dilip Kumar R/O Chipi Tola, P.S.-
                  Chowk, Dist.- Patna.
                                                                     ... ... Petitioners
                                              Versus
                 The State of Bihar Patna
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-02-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Nawada Town

                   P.S. Case No. 64 of 2025 registered for the offences

                   punishable under Sections 126, 115(2), 117(2), 109(1), 67,

                   351(2), 352, 83, 89 & 3(5) of the Bhartiya Nyay Sanhita,

                   2023 (in short, the ‘B.N.S.’).

                             3. As per FIR, the informant developed love affairs

                   with one of the co-accused namely, Suraj Kumar @ Suraj

                   Gupta, with whom she performed marriage, which was

                   solemnized subsisting first marriage of the informant. The
Patna High Court CR. MISC. No.6252 of 2026(2) dt.13-02-2026
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          informant is the mother of two childrens and was residing in a

          rented house in Nawada. It is alleged that petitioners

          alongwith his family members assaulted the informant and

          further treated her with cruelty.

                   4. Learned counsel appearing on behalf of the

          petitioners submitted that thrust of allegation is specifically

          available against Suraj Gupta, who has already granted

          regular bail by this Court through Cr. Misc. No. 51603/2025

          dated 26.09.2025. It is submitted that allegation of physical

          assault qua this petitioners is appearing very much general

          and omnibus in nature and same also appears raised with an

          oblique motive to implicate the entire family members/

          relatives. Petitioners claimed clean antecedent.

                   5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6. In view of the aforesaid factual submissions and by

          taking note of the fact as allegation qua physical assault is

          appearing very much general and omnibus against these

          petitioners being relative (brother-in-law) who are the men of

          clean antecedent, accordingly, both above-named petitioners,
           Patna High Court CR. MISC. No.6252 of 2026(2) dt.13-02-2026
                                                       3/3




                     in the event of their arrest/surrender within a period of four

                     weeks from this order, are directed to be enlarged on bail on

                     furnishing of bail bond of Rs.10,000/- (ten thousand only)

                     each with two sureties of the like amount each to the

                     satisfaction       of      learned       Chief      Judicial   Magistrate,

                     Nawada/concerned court in connection with Nawada Town

                     P.S. Case No. 64 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C/Section 482(2) of

                     the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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