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Patna High Court

Kuber Kumar @ Kuber Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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