Patna High Court
Kundan Yadav @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
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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/-
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