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Patna High Court

Kunal KishoreversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that anticipatory bail is warranted as the petitioner has a clean record, no prior show‑cause notice, and will cooperate, thus granting bail under Section 482(2).

Summary

Kunal Kishore, a technical assistant, was implicated in an FIR alleging misappropriation of Rs.30 lakh and charged under several sections of the Bihar Negotiable Securities Act. He applied for anticipatory bail, asserting a clean antecedent, lack of any prior show‑cause notice, and willingness to cooperate with the investigation. The petitioner highlighted that a similar technical assistant, Johar Ali, had been granted anticipatory bail in a related case. The State opposed the bail, but the Court considered the petitioner’s clean record, the absence of a show‑cause order, and the precedent. Relying on Section 482(2) of the Code of Criminal Procedure, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Code of Criminal Procedure in view of the alleged offences under the Bihar Negotiable Securities Act.
  • Whether the petitioner is likely to abscond, tamper with evidence, or otherwise defeat the course of justice.

Legislation cited

Subjects

  • anticipatory bail
  • section 482
  • clean antecedent
  • misappropriation
  • technical assistant
  • Bihar
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70252 of 2025
                       Arising Out of PS. Case No.-58 Year-2025 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Kunal Kishore S/o Nand Kishore Prasad R/o Village - Dadan Chak, Post -
                 Gharwara, P.S - Suppi, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Vikram
                 For the Opposite Party/s :        Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   11-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 316(5), 318, 338, 336, 336(3) and 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and in sum and

                   substance the informant alleges that accused persons including

                   the petitioner committed irregularities in completion of various

                   schemes of the Panchayat and thus misappropriated an amount

                   of Rs.30 Lacs.

                                4. The learned counsel for the petitioner submits that

                   petitioner is a Technical Assistant and his work is to prepare

                   measurement book as per work. It is also submitted that the
Patna High Court CR. MISC. No.70252 of 2025(4) dt.11-02-2026
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          work was completed and thereafter measurement book was

          prepared. It is next submitted that prior to institution of the

          instant FIR, no show-cause was issued to the petitioner. It is

          further submitted that had a show-cause been issued to the

          petitioner to explain his side of the case, perhaps the instant FIR

          would not have been instituted. It is also submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence. It is next submitted that

          Johar Ali @ Md. Jauhar Ali had approached this Court seeking

          anticipatory bail by filing Cr. Misc. No.69769 of 2025 and the

          same came to be allowed by an order dated 28.11.2025. It is also

          submitted that Johar Ali is also a Technical Assistant.

                       5. Learned A.P.P. Sri Rabindra Kumar opposes the

          anticipatory bail application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks, is

          directed to be released on bail on his furnishing bail-bonds in

          the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending/successor Court in

          connection with Parihar P. S. Case No.58 of 2025, subject to the
               Patna High Court CR. MISC. No.70252 of 2025(4) dt.11-02-2026
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                         conditions laid down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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