Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, owing to the simple nature of the injury and the petitioner's fair antecedent, bail could be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Kundan Kumar, was accused of assaulting the informant's son with a wooden log, causing serious but described as simple injury, along with other alleged assaults and theft. He applied for bail, arguing that the parties were agnates and the fight was a trivial dispute, and presented an injury report showing the wound was minor. The State opposed bail, contending the assault could cause grievous injury. The court considered the nature of the injury, the petitioner's clean antecedent, and the existence of a counter‑case, and concluded the injury was simple. Accordingly, the court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 given the alleged assault and nature of injury.
- Whether the alleged assault constitutes grievous injury warranting denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- assault
- simple injury
- fair antecedent
- Section 482
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84906 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Kundan Kumar S/o- Santosh Singh @ Santosh Kumar SIngh Resident of
Village- Balua Basant Jahanabad, Ps- Lalganj, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manindra Kishore Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Lalganj P.S. Case No. 459 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 75, 109,
303(2) 352, 351(3), 3(5) of the BNS.
3. The allegation against the petitioner is of causing
assault by means of wood log over the head of the son of the
informant due to which he sustained serious injury, besides there
is further allegation against other accused persons of causing
assault to the informant and others as well as snatching of
valuables.
4. Learned Advocate for the petitioner submitted that
the parties are agnates and on account of some trifle, they
entered into a free fight resulting into some unfortunate injuries
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to the persons of both the sides. However, there is counter
version of the present case being Lalganj P.S. Case No. 458 of
2025, instituted against the informant and others and admittedly
the same was instituted on earlier point of time. So far the
injury, which is allegedly sustained to the informant’s son is
concerned, the same has been found to be superfluous and
simple in nature. To support the aforesaid contention, the injury
report has been placed on record as Annexure-3 to the bail
application. The petitioner bears fair antecedent and he
undertakes that he will fully cooperate in the proceeding of the
court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioner has specifically assaulted the informant’s son over his
head, which may cause grievous injury.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the factum of case and counter case, coupled with the simple
nature of injury and the fair antecedent, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
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furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, Vaishali at Hajipur in connection with
Lalganj P.S. Case No. 459 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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