Patna High Court
Kunal Kumar @ Kunal YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, a group of relatives from Usri Tola Beldari, sought anticipatory bail after an FIR was lodged alleging they assaulted an informant and his family under several sections of the Bihar Negotiable Instruments Act. The FIR described a violent incident involving twelve accused and unknown persons, resulting in simple injuries caused by blunt objects. The petitioners argued that the dispute was civil in nature between agnates and that the injuries were minor, contending that the FIR itself indicated a patidar feud. The State opposed the bail application. Considering the civil character of the dispute and the nature of injuries, the High Court granted anticipatory bail, imposing a bail bond of Rs 10,000 per petitioner with two sureties and conditions of cooperation, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of a civil dispute and simple injuries.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- simple injuries
- Section 438 CrPC
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7431 of 2026
Arising Out of PS. Case No.-1199 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Kunal Kumar @ Kunal Yadav S/o Late Mahesh Yadav Residents of Village-
Usri Tola Beldari, Police Station- Gaya Muffasil, District- Gaya.
2. Manish Kumar @ Manish Yadav S/o Late Mahesh Yadav Residents of
Village- Usri Tola Beldari, Police Station- Gaya Muffasil, District- Gaya.
3. Munna Kumar @ Munna Yadav Son of Late Mahesh Yadav Residents of
Village- Usri Tola Beldari, Police Station- Gaya Muffasil, District- Gaya.
4. Chhotu Kumar @ Chhotu Yadav Son of Late Mahesh Yadav Residents of
Village- Usri Tola Beldari, Police Station- Gaya Muffasil, District- Gaya.
5. Ranjan Kumar Son of Late Mahesh Yadav Residents of Village- Usri Tola
Beldari, Police Station- Gaya Muffasil, District- Gaya.
6. Sunny Kumar @ Sunny Yadav @ Sunny Kr. Son of Shankar Yadav
Residents of Village- Usri Tola Beldari, Police Station- Gaya Muffasil,
District- Gaya.
7. Ravi Kumar @ Ravi Yadav Son of Shankar Yadav Residents of Village- Usri
Tola Beldari, Police Station- Gaya Muffasil, District- Gaya.
8. Puniya Devi Wife of Shankar Yadav Residents of Village- Usri Tola Beldari,
Police Station- Gaya Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Surabhi Nirmal
For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
191(2), 190, 126(2), 115(2), 303(2), 109 and 118(1) of the
B.N.S.
3. Allegation in the first information report is that all
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accused persons being total 12 in number along with 4 to 5 other
unknown persons came variously armed and assaulted the
informant and others causing injuries to them.
4. Learned counsel for the petitioners submits that the
first information report is itself indicative of the fact that both
the sides are patidars and all of a sudden in course of carrying
the crops the accused persons starting assaulting the informant
and others. It has been pointed out that there are specific
allegations on petitioner no. 1, 3 and 6 of assaulting the
informant’s father and two brothers causing injuries to them.
However, the bail rejection order itself indicates that the injuries
are all simple in nature caused by hard and blunt object and with
regard to other petitioners there are general allegations including
some ornamental allegations also added.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the incident
took place on account of a civil dispute between the parties who
are agnates, coupled with the fact that the nature of injuries are
simple, let the above named petitioners, in the event of their
arrest or surrender before the learned Court below within a
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period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned court below where the case is pending/successor
court in connection with Gaya Muffasil P.S. Case No. 1199 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. The petitioners are directed to cooperate in the
investigation/trial and if the petitioners do not cooperate, the
learned court below would be at liberty to cancel their bail
bonds.
(Soni Shrivastava, J)
devendra/-
U T
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