Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4245 of 2026 Arising Out of PS. Case No.-332 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Kundan Kumar S/o- Ravindra Paswan Resident of Villag- Jehaldih, P.S.- Sirdalla, District- Nawada, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-02-2026 Heard Mr. Man Mohan Kumar, learned counsel for the petitioner, Mr. Rajendra Nath Jha, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sirdalla P.S. Case No. 332 of 2025, F.I.R. dated 26.08.2025 for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused persons including this petitioner have abused and assaulted the informant due to which he received injury on his hand.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.4245 of 2026(2) dt.06-02-2026 2/3 any offence as alleged in the F.I.R. He further submits that the both the parties are agnates and due to land dispute the present occurrence has taken place. Although the specific allegation of assault by means of iron rod is against the petitioner and the informant received injury but the injury is reflected on the nonvital part of the body caused by hard and blunt substance.
5. Learned counsel for the informant and learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, both the parties are agnate to each other and the injury received on non-vital part of the injured, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JM, 1st Class, Nawada in connection with Sirdalla P.S. Case No. 332 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.4245 of 2026(2) dt.06-02-2026 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) khushbu/- U T