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Patna High Court

Kundan Yadav @ Kundan KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners No.1, 2, 3, 5 and 6 were granted pre‑arrest bail, while petitioner No.4 was denied bail.

Summary

The petitioners, six residents of Olhanpur, sought pre‑arrest bail in a criminal case (Marhowrah PS Case No.320 of 2025) alleging offences under several sections of the BNSS, including assault and molestation at a marriage ceremony. They contended that the allegations against them were merely omnibus and that no investigative material linked them to the crime, asserting clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court examined the FIR and found that petitioner No.4 (Dinesh Kumar) had personally assaulted the informant, causing grievous injury, and therefore denied him pre‑arrest bail. For petitioners No.1, 2, 3, 5 and 6, the Court held that only a suspicion‑based, general allegation existed and granted them pre‑arrest bail subject to a bond, sureties and verification of criminal antecedent under Section 482(2) of the BNSS. The application was disposed with the above directions.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the allegations and material on record
  • Whether petitioner No.4 can be granted pre‑arrest bail given the specific allegation of assault causing grievous injury

Subjects

  • pre‑arrest bail
  • Section 482
  • general allegation
  • assault
  • grievous injury
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73942 of 2025
                     Arising Out of PS. Case No.-320 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Kundan Yadav @ Kundan Kumar S/o Parma Rai
           2.    Sonu Kumar S/o Mandan Ray @ Madan Rai
           3.    Prince Kumar S/o Bharosha Rai R
           4.    Dinesh Kumar @ Dinesh Kumar Yadav @ Putul S/o Mandan Ray @ Madan
                 Rai
           5.    Deepu Kumar S/o Bharosha Rai
           6.    Sandeep Kumar @ Sandeep Rai S/o Sanjay Rai
                 All are R/o Village - Olhanpur, P.S - Marhowrah, District - Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   26-02-2026                       Heard Mr.Ajit Kumar Singh, learned counsel

                   appearing on behalf of the petitioners and Mr. Ajit Kumar,

                   learned APP for the State.

                                 2. Petitioners seek pre-arrest bail in connection with

                   Marhowrah P.S. Case No.320 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2),

                   118(1), 352, 351(2) and 3(5) of BNSS.

                                3. As per the allegation made in the FIR, co-accused

                   persons including the petitioners assaulted the informant,

                   causing him injuries, while they were attending marriage
Patna High Court CR. MISC. No.73942 of 2025(3) dt.26-02-2026
                                            2/3




          ceremony of his cousin and had molested the dancer.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and they

          have committed no offence. There is general and omnibus

          allegation against them. He further submitted that no materials

          has come during the course of investigation and the petitioners

          name has been transpired on basis of suspicion only. Petitioners

          are having clean antecedent seeks to be released on pre-arrest

          bail.

                       5.    Per contra,          learned APP for the State has

          vehemently opposed the prayer for grant of pre-arrest bail.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the FIR and the

          materials, it appears that the petitioner no.4 (Dinesh Kumar @

          Dinesh Kumar Yadav @ Putul) assaulted by means of Farsa on

          the head of the informant, who sustained grievous injuries, as

          per opinion of the Doctor. I am not inclined to enlarge the

          petitioner no.4 on pre- arrest bail.

                       7. So far as petitioners no.1, 2, 3, 5 and 6 are

          concerned, there is general and omnibus allegation against them

          and no materials has come during the course of investigation, it

          appears that name of the petitioners have been transpired on
        Patna High Court CR. MISC. No.73942 of 2025(3) dt.26-02-2026
                                                    3/3




                  basis of suspicion only, they are directed to to be released on

                  pre-arrest bail, in the event of their arrest or surrender before the

                  learned district court within a period of four weeks from today,

                  on furnishing bail bond of Rs.10,000/- (Ten Thousand) each

                  with two sureties of the like amount each to the satisfaction of

                  learned CJM 1st, Saran at Chapra/concerned court, in connection

                  with Marhowrah              P.S.Case No.320 of 2025, subject to

                  conditions as laid down under Section 482(2) of BNSS of 2023

                               8. The learned district court is directed to verify the

                  criminal antecedent of the petitioners and if it is found that the

                  petitioners are involved in some other cases as what has been

                  stated in paragraph No.3 of the bail application, this order will

                  automatically lose its force.

                               9. With the above observation/direction, the present

                  application stands disposed of.



                                            (Purnendu Singh, J)
chn/-

U


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