Kuber Kumar @ Kuber Kumar Paswan v. The State Of Bihar
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.SKharagpur, Distt.- Munger. 3.
Deepak Kumar S/O Basudev Paswan @ Basudev R/O Village- Kendua, P.SKharagpur, 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 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