Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15660 of 2026 Arising Out of PS. Case No.-109 Year-2025 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.
Kunal kumar S/O Vijay singh R/O Vill.- Itahari, P.S and P.O- Naya Ramnagar, Dist-Munger, Bihar 2.
Nikhil Kumar @ Nikku S/O Sanjay Singh @ Sanjay Kumar Singh R/O Vill.- Itahari, P.S and P.O- Naya Ramnagar, Dist-Munger, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Kumari For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-03-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Naya Ramnagar P.S. Case No. 109 of 2025, F.I.R dated 03.12.2025 registered for the offences punishable under Sections 126(2), 109, 115(2), 74, 324(4), 324(5), 352 & 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant alleged the petitioner Kunal Kumar has started opening cowshed and throwing cow dung upon him and his father. Upon objection the other accused persons along with the petitioners Kunal Kumar and Nikhil Kumar abused and assaulted him and his
Patna High Court CR. MISC. No.15660 of 2026(2) dt.12-03-2026 2/3 family members, which caused several injuries to them.
4. Learned counsel for the petitioners submits that specific allegations of overt act is against Vijay Singh and Sanjay Singh while the allegations against these petitioners are general and omnibus. It is next submitted that there was two criminal antecedent, which is registered against them for the same disputes as they are close agnates, and the petitioners are on bail.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that the petitioners and informant are close agnates and there is nothing specific against these petitioners. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of his/her 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 Sri Shaktimaan Bharti, J.M. 1st Class cum A.C.J.M. 7th at Munger in connection with Naya Ramnagar
Patna High Court CR. MISC. No.15660 of 2026(2) dt.12-03-2026 3/3 P.S. Case No. 109 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) abhishekkr/- U T