Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a cash bond and conditions of court attendance.
Summary
Kundan Kumar was charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 for allegedly entering the informant's house with a co‑accused and assaulting the informant's uncle with an iron rod, causing serious injury. The petitioner had earlier applied for anticipatory bail, which was denied, and he subsequently surrendered to the court. He filed a regular bail petition, arguing that the FIR contained only a generic allegation without a specific motive and that he is a young student. The State opposed bail, emphasizing the seriousness of the injuries inflicted. The court, noting the petitioner’s voluntary surrender, the filing of the charge‑sheet, and his youth, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposing conditions of physical presence in court.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the denial of anticipatory bail and the petitioner’s voluntary surrender affect the bail decision
- Whether the lack of a specific motive in the FIR warrants bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 308(4), 329(3), 329(4), 3(5), 351(3), 352
Subjects
- bail
- anticipatory bail
- assault
- serious injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- youth offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74514 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Kundan Kumar S/O Late Ramesh Yadav R/O Vill.- Kripa Bigha, P.S.- Rajgir,
Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
For the Informant : Mr. Shankar Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 18-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 109(1),
329(3), 329(4), 308(4), 352, 351(3) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner in
association of co-accused, Ranjan Kumar is said to have entered
into the house of the informant and assaulted the uncle of the
informant by means of iron rod, sustaining head injury to him.
4. It is submitted by learned counsel for the
petitioner that the F.I.R. discloses that there is general and
omnibus allegation on the petitioner and one another Ranjan
Patna High Court CR. MISC. No.74514 of 2025(5) dt.18-02-2026
2/3
Kumar of having assaulted the uncle of the informant by means
of iron rod due to which serious injury has been sustained by the
injured. It is further submitted that no specific motive has been
stated in the F.I.R. The anticipatory bail of the petitioner was
rejected vide order dated 20.08.2025 passed in Cr. Misc.
No.35027 of 2025 and he was directed to surrender before the
learned Court below, whereafter the petitioner immediately
surrendered on 03.09.2025 and since then he is languishing in
custody.
5. Learned APP for the State and learned counsel
for the informant opposed the bail petition submitting that the
petitioner with another co-accused has caused serious injury.
Hence, the petitioner does not deserve the privilege of bail.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner voluntarily surrendered, pursuant to an order passed
by a co-ordinate Bench of this Court rejecting anticipatory bail,
coupled with the fact that the chargesheet having been submitted
and the petitioner is a young student, the above named petitioner
is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.74514 of 2025(5) dt.18-02-2026
3/3
where the case is pending/successor Court in connection with
Rajgir P.S. Case No.23 of 2025, subject to the conditions that
the petitioner shall remain physically present in court on each
and every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds shall
be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…