Patna High Court
Karan Kumar @ Karan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
Karan Kumar (Karan Yadav) was charged under multiple sections of the B.N.S. 2023 for allegedly assaulting an informant and his family with a sword and knife. The petitioner contended that he was falsely implicated and that the FIR was a retaliatory counter‑complaint to an earlier case in which his side was sexually assaulted. He asserted no prior criminal record and argued that he had not previously applied for anticipatory or regular bail. The State opposed the bail application, citing the seriousness of the offences. The High Court, considering the circumstances, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S. 2023, including cancellation of bail if criminal antecedents are later discovered.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S. 2023
- Whether the petitioner’s claim of false implication and lack of prior criminal antecedents warrant bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 191(1), 191(2), 191(3), 303(2), 351(2), 352, 74
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- false implication
- assault
- counter FIR
- criminal antecedents
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77336 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Karan Kumar @ Karan Yadav, S/o Fulchand Yadav, Resident of Village-
Lohsinghna, P.S.- Akbarpur, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Nayan, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Akbarpur P.S. Case No.182 of 2025,
dated.13.04.2025, registered for the offences punishable under
Sections 191(1), 191(2), 191(3), 126(2), 115(2), 118(1), 117(2),
109, 303(2), 352, 351(2), 74, of the B.N.S., 2023.
3. As per allegation, the Petitioner and other co-
accused came to the house of the Informant and started
assaulting the Informant and his family members using talwar
and khanti causing injury on their persons.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, the present FIR
Patna High Court CR. MISC. No.77336 of 2025(4) dt.24-02-2026
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is a counterblast of Akbarpur P.S. Case No. 181 of 2025 lodged
on account of outraging the modesty of two ladies of the
Petitioner’s side. He further submits that on account of this
sexual assault committed against the lady members of the
Petitioner’s side, altercation took place, in which both the sides
got injury. He further brings to the notice of this Court that the
FIR lodged by the Petitioner’s side was on the same day prior to
the present FIR in which they are seeking bail. Moreover, the
present case has been lodged by the Informant side only to save
their skin from the offence of sexual assault committed by them
against the lady members of the Petitioner’s side.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.77336 of 2025(4) dt.24-02-2026
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date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Akbarpur P.S. Case No.182 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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