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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted pre‑arrest bail to petitioner Kundan Kumar and dismissed the bail request of Ram Rup Chaupal as withdrawn.

Summary

The petitioners Kundan Kumar and Ram Rup Chaupal were named in FIR No.66 of 2025 for alleged assault on an informant and his family. During the pendency of the bail application, Ram Rup was arrested, leading his counsel to withdraw his bail request. Kundan Kumar sought pre‑arrest bail for offences under several sections of the Bihar Non‑Compulsory Statutes, claiming innocence and a prior enmity with the informant. The State opposed the bail, but the court observed that only minimal evidence had been gathered and that the case appeared to stem from personal rivalry. Consequently, the court granted Kundan Kumar pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, while directing verification of his criminal antecedents. The bail application was disposed of, with the second petitioner's bail request dismissed as withdrawn.

Issues considered

  • Whether pre‑arrest bail should be granted to Kundan Kumar despite the serious charges under the BNS.
  • Whether the evidence collected is sufficient to justify denial of bail.
  • Effect of prior enmity and alleged false accusations on the bail decision.
  • Application of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail.
  • Withdrawal of the bail application for Ram Rup Chaupal.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • criminal procedure
  • false accusation
  • enquiry of antecedent
  • bond and surety
  • criminal offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70291 of 2025
                        Arising Out of PS. Case No.-66 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
           1.     Kundan Kumar S/O Iski Lal Chaupal Resident of village- Dighiya, Nirmali,
                  Ward No. 05, P.S.- Nirmali, District- Supaul
           2.    Ram Rup Chaupal S/O Bindeshwari Chaupal Resident of village- Dighiya,
                 Nirmali, Ward No. 05, P.S.- Nirmali, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Dr. Rajesh Kumar Singh
                 For the Opposite Party/s :        Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   24-02-2026                       Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioners seeks to withdraw the prayer for bail on behalf

                   of petitioner no.2 Ram Rup Chaupal submitting that the

                   petitioner no.2 has been arrested during the pendency of the bail

                   application.

                                3. In view of the above, the prayer for bail on behalf

                   of petitioner no.2 Ram Rup Chaupal stands dismissed as

                   withdrawn.

                                4. The petitioner no.1 seeks pre-arrest bail in

                   connection with Nirmali P.S. Case No. 66 of 2025 registered for
Patna High Court CR. MISC. No.70291 of 2025(4) dt.24-02-2026
                                            2/3




          the offence punishable under Sections 126(2), 115(2), 109, 74,

          303(2), 352, 351(2) and 3(5) of the BNS.

                       5. As per the allegation made in the F.I.R., all the

          accused persons including the petitioners assaulted the

          informant and his family members causing injury to them.

                       6. Learned counsel appearing on behalf of the

          petitioner no.1 submitted that the petitioner no.1 is innocent and

          he has committed no offence as alleged. There is case and

          counter case between the parties. Informant is the neighbour and

          due to previous enmity, the petitioners have been named in the

          present F.I.R on false accusation. Petitioner no.1 has clean

          antecedent.

                       7. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner no.1.

                       8. Having heard the rival submissions made on behalf

          of the parties and the allegation made in the F.I.R., I find that

          due to previous enmity, there is case and counter case between

          the parties and only minuscule evidence has been collected

          against the petitioner no.1 in course of investigation,           the

          petitioner no.1 Kundan Kumar is directed to be released on pre-

          arrest bail, in the event of his arrest or surrender before the

          Court below within a period of four weeks from today, on
           Patna High Court CR. MISC. No.70291 of 2025(4) dt.24-02-2026
                                                       3/3




                     furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Judicial Magistrate, 1st Class, Birpur, Supaul in connection with

                     Nirmali P.S. Case No. 66 of 2025, subject to the condition as

                     laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

                                  9. The District Court is directed to verify the criminal

                     antecedent of the petitioner no.1 and if it is found that the

                     petitioner no.1 is involved in some other cases as what has been

                     stated in Para-3 of the bail petition, this order will automatically

                     lose its force.

                                  10. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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