Patna High Court
Kishan Kumar @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Kishan Kumar, was implicated in a case alleging assault, attempted murder, and theft against an informant and her family, with charges under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner claimed innocence, citing a clean criminal record, a long-standing family dispute, and a conciliatory meeting conducted by the village Sarpanch that suggested the informant was a litigant who threatened his family. The informant and the State opposed bail, emphasizing the seriousness of the alleged offenses and the filing of a charge‑sheet. The Court considered the nature of the injuries, the petitioner’s young age (approximately 18), the background of the dispute, and the lack of substantial evidence of grievous harm. Accordingly, the Court granted anticipatory bail, subject to a bond of Rs.30,000 and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023, to be executed before the Judicial Magistrate, First Class, Begusarai.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged offences and surrounding circumstances.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 127(2), 2(1)(d), 303(2), 329(4), 3(5), 351(2), 352, 482(2), 74, 76
Subjects
- anticipatory bail
- assault
- Bhartiya Nyaya Sanhita
- criminal procedure
- minor
- family dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8295 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Kishan Kumar @ Krishna Kumar S/O Sunil Sahni @ Sunil Kumar R/O
Village- Panchrukhi, Ward No. 09, P.S- Dandari, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Dandari P.S. Case No. 56 of 2025, dated 14.05.2025, lodged
under Sections 127(2), 115(2), 329(4), 303(2), 74, 76, 352,
351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter
referred to as “BNS, 2023”).
3. As per the prosecution, an FIR has been lodged
against two named accused persons, including the present
petitioner, with the allegation that both the named accused
persons entered the informant’s house and the petitioner started
pressing the neck of the informant, somehow, she saved her life.
It is further alleged that both the accused persons assaulted the
informant with lathi, danda, and iron rod. They also assaulted the
son of the informant, abused him brutally, outraged her modesty,
and subsequently snatched jewellery worth Rs. 30,000/-. It has
also been alleged that the husband of the informant used to reside
Patna High Court CR. MISC. No.8295 of 2026(3) dt.01-04-2026
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outside the village, and due to this reason, the occurrence took
place with bad intention.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the criminal antecedent of the petitioner is
clean. Counsel further submits that both the petitioner and the
informant are residents of the same village and are well known to
each other, and disputes used to take place between the families,
for which the mother of the petitioner had earlier approached the
Gram Panchayat. Thereafter, the Sarpanch called the informant
and the mother of the petitioner and, in the presence of villagers,
tried to conciliate the dispute, and it was observed by the
Sarpanch that the informant is a litigant lady and had threatened
the petitioner’s mother to teach her a lesson, which has been
acknowledged in the order annexed as Annexure-P/3.
5. Counsel further submits that the injuries alleged are
simple in nature. Counsel further submits that the informant is a
litigant lady and always tries to prevail not only against the
petitioner and his family members but also against other
villagers, which is apparent from the order of the Sarpanch
(Annexure-P/3). Counsel also submits that, with a view to ruin
the career of the petitioner, who is aged about 18 years, the
present case has been lodged.
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6. Learned counsel for the informant, on the other
hand, opposes the prayer for bail of the petitioner and submits
that the charge-sheet has been filed in this case and there are
specific allegations against the petitioner of assault, and injuries
have also been caused. Therefore, the bail application of the
petitioner be rejected.
7. Learned counsel for the State opposes the prayer for
bail but fairly submits that, from the proceedings which ran
before the Sarpanch, it transpires that the situation is otherwise.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned
in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of
Judicial Magistrate, First Class, Begusarai, in connection with
Dandari P.S. Case No. 56 of 2025, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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