Patna High Court
Kundan Singh @ Kundan KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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