Patna High Court
Krishna Kumar @ Krishna GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126, 3(5), 351(2), 352, 67, 83, 89
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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