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Patna High Court

Kundan Singh @ Kundan KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

Petitioners Kundan Singh and Paramanand Singh sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Penal Code for alleged firing and assault during a land dispute. The prosecution alleged that Singh fired at an informant and Singh assaulted the informant's cousin with a spade. The petitioners contended that the incident was a simple fight arising from a land dispute, with no firearm injuries and that they were innocent, noting one petitioner’s prior bail case and the other's clean record. The State and the informant opposed the bail application. After considering the facts, the court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties each, under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118, 126(2), 303(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • land dispute
  • assault
  • firearm allegation
  • Section 482
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82963 of 2025

                      Arising Out of PS. Case No.-368 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
           1.    Kundan Singh @ Kundan Kumar S/O Late Brij Kishore Singh Resident Of
                 Village- Runipur, P.s.- Akbarpur, Dist.- Nawada
           2.    Paramanand Singh @ Paramanand Kumar S/O Late Brij Kishore Singh
                 Resident Of Village- Runipur, P.s.- Akbarpur, Dist.- Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Vibhuti Ranjan Sonvadra, Advocate
                 For the State           :        Dr. Mrityunjaya Kr.Gautam, APP
                 For the Informant       :        Mr. Sheo Kumar Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 118, 109, 303(2), 352, 351(2) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, it is alleged that Petitioner

                   No. 1 fired from his Katta upon the informant and Petitioner

                   No. 2 assaulted cousin brother of informant, namely Randhir
Patna High Court CR. MISC. No.82963 of 2025(2) dt.05-01-2026
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          Kumar, by means of spade.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          land dispute between the parties, simple maar-peet took place in

          which both sides sustained injuries. There is case and counter-

          case. Though Petitioner No. 1 is alleged to have fired but no one

          has sustained any fire arm injuries. Petitioner No. 1 has got one

          criminal antecedent in which he is on bail and Petitioner No. 2

          has got no criminal antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       6. Considering the facts and circumstances of the case

          and case and counter-case between the parties, 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 Judicial Magistrate 1 st

          Class, Nawada in connection with Akbarpur P.S. Case No. 368
             Patna High Court CR. MISC. No.82963 of 2025(2) dt.05-01-2026
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                       of 2025, 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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