Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioners upon furnishing the prescribed bond and sureties.
Summary
The petitioners Kundan Kumar, Chandan Kumar and Bipin Kumar were charged under several sections of the Bihar Non‑Statutory (BNS) Act for allegedly attacking a police team that was raiding a river bed to curb illegal sand mining. The informant claimed the accused injured police personnel, and they were identified by local residents and police officials. The petitioners, represented by Ms. Jyoti Kumari, sought regular bail, emphasizing their clean antecedents and pointing to earlier anticipatory bail orders granted to co‑accused Akhilesh Kumar and Raju Kumar. The State, through APP Mr. Chandra Bhushan Prasad, opposed the bail application. After considering the submissions, Justice Satyavrat Verma ordered that the petitioners be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties, pending trial in Bihta Police Station Case No. 667 of 2025.
Issues considered
- Whether regular bail should be granted to the petitioners charged under Sections 126(2), 115(2), 109, 324(4), 132, 251(2), 3(5) and 117(2) of the BNS Act.
- Whether the grant of anticipatory bail to co‑accused in related matters influences the petition for regular bail.
Subjects
- regular bail
- anticipatory bail
- illegal sand mining
- assault on police
- Bihar High Court
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.991 of 2026
Arising Out of PS. Case No.-667 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Kundan Kumar Son of Sri Niwas Yadav Resident of Village -
Kelhanpur/Kelhapur, P.O.- Bindaul, P.S.- Bihta, District - Patna
2. Chandan Kumar Son of Sri Niwas Yadav Resident of Village -
Kelhanpur/Kelhapur, P.O.- Bindaul, P.S.- Bihta, District - Patna
3. Bipin Kumar Son of Sri Shivshankar Yadav @ Shio Shankar Yadav Resident
of Village - Kelhanpur @ Kelhapur, P.O.- Bindaul, P.S.- Bihta, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioners seek regular bail in a case registered
for the offences punishable under Sections 126(2), 115(2), 109,
324(4), 132, 251(2), 3(5) and 117(2) of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he raided the river bed for apprehending illegal sand
miners when the team was attacked by the accused persons
causing injury and the accused were identified by the local
persons, Chawkidar and by the officials of Bihta Police Station.
Patna High Court CR. MISC. No.991 of 2026(2) dt.10-04-2026
2/2
4. Learned counsel for the petitioners submits that
similarly situated co-accused, namely, Akhilesh Kumar had
approached this Court seeking anticipatory bail by filing Cr.
Misc. No. 79881 of 2025 and the same came to be allowed by
an order dated 08.12.2025 and further Raju Kumar along with
five accused persons had filed Cr. Misc. No. 75863 of 2025 and
the same also came to be allowed by an order dated 17.12.2025,
thus the learned counsel for the petitioners based on party, seeks
regular bail.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/Successor Court in connection with
Bihta P.S. Case No. 667 of 2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…