Patna High Court
Kundan Swarnkar @ Kundan SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Kundan Swarnkar, sought regular bail in a case registered under sections 126(2), 115(2), 124(1) and 3(5) of the B.N.S., alleging involvement in an acid‑spraying incident that caused grievous injuries to several victims. The prosecution alleged that the petitioner, along with three others, sprayed acid, while the petitioner claimed innocence, noting that the victims did not name him during investigation and that he has no prior criminal record. The petitioner’s counsel highlighted that the FIR was vague and that the injury report pertained to a grievous injury caused by acid, but did not directly implicate the petitioner. The State opposed the bail, emphasizing the seriousness of the offences. After hearing both sides, the court considered the lack of direct accusation, the petitioner’s clean record, and the circumstances of his custody, and decided to grant regular bail on a bond of Rs.10,000 with two sureties. The order directed the petitioner’s release upon compliance with the bail conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under serious sections of the B.N.S.
- Whether the absence of the petitioner’s name in victim statements and lack of prior criminal antecedent justify granting bail
- Whether the nature of the FIR and injury report constitute sufficient ground to deny bail
Legislation cited
- B.N.S. — s. 115(2), 124(1), 126(2), 3(5)
Subjects
- regular bail
- acid attack
- criminal procedure
- B.N.S.
- grievous injury
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80630 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
Kundan Swarnkar @ Kundan Soni S/o Late Satyanarayan Swarnkar R/o
Village - Thatheri Tola, Barhara ward no 7, P.S - Barhara Kothi, District -
Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 124(1) and 3(5) of B.N.S.
3. The case of the prosecution is that the petitioner
along with other three named accused persons was spraying
acid and due to that, Nilesh Kumar, Mritunjaya Kumar,
Himanshu and Vindeshwari Mandal have received acid burn.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.80630 of 2025(3) dt.21-01-2026
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counsel for the petitioner has submitted that from perusal of
the order of the learned trial court, it will transpire that as per
injury report of Vindeshwari Mandal, the nature of his injury is
grievous and was caused by acid. Learned counsel has
submitted that he has specifically stated in para-12 of his
petition that during investigation, Mritunjaya Kumar,
Himanshu Kumar, Deepak Kumar and Vindeshwari Mandal
have stated before police that co-accused Rajeev Swarnkar
sprayed acid on them. From perusal of the FIR, it is clear that
the nature of allegation is general and omnibus. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. The victim has not named this
petitioner during investigation. Moreover, he is languishing in
judicial custody since 20.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Barhara Kothi P.S. Case No. 167 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.80630 of 2025(3) dt.21-01-2026
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like amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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