Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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The court granted pre‑arrest bail to petitioner Kundan Kumar and dismissed the bail request of Ram Rup Chaupal as withdrawn.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 The bail application was disposed of, with the second petitioner's bail request dismissed as withdrawn.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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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/-
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