Patna High Court
Kuber Kumar @ Kuber Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioners under Section 438(2) CrPC read with Section 482(2) B.N.S.S., subject to the stipulated conditions.
Summary
The petitioners – Kuber Kumar, Abhishek Kumar and Deepak Kumar – applied for anticipatory bail fearing arrest in a case (Kharagpur P.S. Case No. 228 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault, robbery and other violent crimes. They contended that the allegations were vague, that a counter‑case had been filed against the informant, that both parties had received medical treatment, and that they had no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court examined whether the petitioners satisfied the criteria for anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and considered the need for conditions to ensure their cooperation with the investigation. The Court granted anticipatory bail, imposing a bond of Rs 10,000 with two sureties and specific conditions regarding attendance, surety composition, and verification of antecedents. The order clarified that its observations would not affect the trial and that the bail could be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S. given the nature of the alleged offences
- Whether the petitioners’ lack of prior criminal record and the existence of a counter‑case justify the grant of bail
- What conditions may be imposed on anticipatory bail to safeguard the investigation and trial
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(1), 125, 126(2), 190, 191(2), 191(3), 303(2), 324(4), 329(4), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
- assault
- robbery
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8398 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- Kharagpur District- Munger
======================================================
1. Kuber Kumar @ Kuber Kumar Paswan S/O Basudev Paswan @ Basudev
R/O Village- Kendua, P.S- Kharagpur, Distt.- Munger.
2. Abhishek Kumar S/O Basudev Paswan R/O Village- Kendua, P.S-
Kharagpur, Distt.- Munger.
3. Deepak Kumar S/O Basudev Paswan @ Basudev R/O Village- Kendua, P.S-
Kharagpur, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Kharagpur P.S. Case No. 228 of 2025 registered
for the offence(s) under Section(s) 191(2), 191(3), 190, 126(2),
115(2), 117(2), 324(4), 303(2), 118(1), 74, 351(2), 352, 329(4)
and 125 of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The allegations against the petitioners are that they
entered into an altercation and even assaulted the informant and
others with iron rod etc. and had snatched away cash and other
valuable items on account of a dispute with regard to
Patna High Court CR. MISC. No.8398 of 2026(2) dt.17-02-2026
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bursting of crackers.
4. It has been submitted that there is no specific
allegation against the petitioners and it was on account of an
altercation that the present case was lodged and for the same
offence, a counter case has also been lodged against the
informant and others by the co-accused/Gururaj @ Titu. It has
further been submitted that both the sides had been treated at the
Primary Health Centre. It has lastly been submitted that the
petitioners have no criminal antecedents.
5. The 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 and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Kharagpur P.S. Case No.
228 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.8398 of 2026(2) dt.17-02-2026
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Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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