Patna High Court
Kishor Kunal Singh @ Burhe @ Abhay Kumar Singh @ Kishore Kunal @ BudhwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners, subject to bail bond and surety conditions.
Summary
The petitioners, Kishor Kunal Singh and Sanjay Singh, sought anticipatory bail fearing arrest in a case involving multiple IPC offences and violations of the Bihar Loudspeaker Uses and Control Act. The prosecution alleged that a public disturbance occurred when police intervened at a DJ event where four girls were dancing and a crowd was present. The petitioners contended they were falsely implicated, with no specific overt act attributed to them, and highlighted that a co‑accused had already been granted anticipatory bail in a similar case. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the general and omnibus nature of the accusations and the principle of parity with the co‑accused, granted anticipatory bail subject to a bail bond of Rs 10,000 each, two sureties, and compliance with Section 482(2) of the B.N.S.S. within eight weeks of the order.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious IPC offences and the Bihar Loudspeaker Uses and Control Act.
- Whether the lack of specific overt acts against the petitioners warrants bail on the basis of parity with a co‑accused who received anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 144, 147, 148, 149, 188, 290, 323, 332, 341, 353
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Loudspeaker Uses and Control Act
- bail conditions
- parity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82895 of 2025
Arising Out of PS. Case No.-57 Year-2024 Thana- KALER District- Jehanabad
======================================================
1. Kishor Kunal Singh @ Burhe @ Abhay Kumar Singh @ Kishore Kunal @
Budhwa S/o Late Uday Kumar Singh R/o Village- Kaler, P.S.- Kaler,
District- Arwal, Bihar
2. Sanjay Singh S/o Late Uday Kumar Singh R/o Village- Kaler, P.S.- Kaler,
District- Arwal, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Amarendra Kumar , Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 144, 147,
148, 149, 341, 323, 332, 353, 188 and 290 of the Indian Penal
Code and Sections 3, 4 and 9 of Bihar Loudspeaker Uses and
Control Act.
3. As per prosecution case, it is alleged by the
informant that at 2 A.M. on the music of D.J., four girls were
dancing and 30-40 persons were watching it. As the police
reached and demanded paper, they scuffled with the police.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.82895 of 2025(2) dt.05-01-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely on suspicion. No specific
accusation of overt act has been alleged against these
petitioners. Co-accused Randhir Kumar Singh, having similar
and identical allegations, has already been granted the privilege
of anticipatory bail by a Co-ordinate Bench of this Hon’ble
Court vide order dated 15.05.2025 passed in Cr. Misc. No.
30382 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and claim based
on parity, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Arwal in connection with Kaler P.S. Case
Patna High Court CR. MISC. No.82895 of 2025(2) dt.05-01-2026
3/3
No. 57 of 2024, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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