Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners with conditions.
Summary
The petitioners, Kundan Kumar and Chandan Kumar, were arrested in connection with a violent dispute over cattle grazing that resulted in serious injuries to the informant and his grandfather. The prosecution alleged that the petitioners, along with their father Anil Pal, attacked the victims with bamboo sticks, knives, an iron rod and a spade, committing offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended that they were falsely implicated, that no incriminating material was found on them, and that the allegations were vague and general, emphasizing their lack of prior criminal record. The State opposed bail, citing the seriousness of the offences. Considering the circumstances, including the period of custody already served, the court granted bail to the petitioners subject to monetary sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioners accused of multiple offences under the Bharatiya Nyaya Sanhita, 2023 in light of the seriousness of the alleged assault and the period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(2), 115(2), 117(2), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- cattle grazing dispute
- Bharatiya Nyaya Sanhita
- section 352
- section 351
- section 126
- section 115
- section 118
- section 117
- section 109
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90623 of 2025
Arising Out of PS. Case No.-395 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
1. Kundan Kumar S/o Anil Pal @ Anil Kumar Resident Of Village- Pawapuri
More, Ps- Giriyak (Pawapuri), District- Nalanda
2. Chandan Kumar S/o Anil Pal @ Anil Kumar Resident Of Village- Pawapuri
More, Ps- Giriyak (Pawapuri), District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
For the Informant : Mr. Amit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Giriyak
P.S. Case No. 395 of 2025, instituted for the offences punishable
under Sections 126(2), 115(2), 118(2), 117(2), 109(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that a dispute over
cattle grazing in the informant’s field at Pawapuri led co-
accused Anil Pal and his three sons to brutally attack the
informant and his grandfather Shambhu Singh by means of
bamboo sticks, knives, iron rod and a spade. During the assault,
Patna High Court CR. MISC. No.90623 of 2025(2) dt.13-01-2026
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the informant was severely injured, robbed of his chain, and
stabbed, while his grandfather sustained grievous head, jaw,
hand and chest injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. Learned
counsel for the petitioner also submits that no specific
allegation has been attributed against the petitioners rather the
same is general and omnibus in nature. It is further submitted
that there is case and counter case between the parties.
Petitioner no. 1 is in custody since 07.09.2025 and petitioner no.
2 is in custody since 06.09.2025 and both of them have got no
criminal antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
Patna High Court CR. MISC. No.90623 of 2025(2) dt.13-01-2026
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Giriyak P.S. Case
No. 395 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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