Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42417 of 2026 Arising Out of PS. Case No.-553 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Kundan Kumar S/o Shrawan Paswan R/o Village - Sultanpur, PS - Rahui, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Rahui P.S. Case No. 553 of 2025 lodged on 17.09.2025, for the offence punishable under Sections 190, 191(2), 126(2), 115(2), 109(1), 117(2) & 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against 10 named accused persons with allegation that they have assaulted the informant's son by iron rod and when Mantu Bind tried to save the informant's son, then the accused persons also assaulted him by iron rod due to which, he sustained injury on his head.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42417 of 2026(2) dt.08-07-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that from the contents of the FIR, it become crystal clear that there is nothing specific against the present petitioner and there is neither any act or overt act. He submits that the present FIR has been lodged with a delay of two days and for the same date and place of occurrence, there are case and counter case filed from both the sides and both parties are resident of the same village. Counsel further submits that four similarly situated accused persons have already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 06.05.2026 passed in Cr. Misc. No. 8301 of 2026. Counsel also submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that the allegation against the petitioner is general and omnibus in nature and four similarly situated accused persons have already been granted anticipatory bail by the Co-ordinate Bench of this Court.
6. In the present facts and circumstances of this case considering that the allegation against the petitioner is general and omnibus in nature and four similarly situated accused persons have already been granted anticipatory bail by the Coordinate Bench of this Court, let the above named petitioner be
Patna High Court CR. MISC. No.42417 of 2026(2) dt.08-07-2026 3/3 released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rahui P.S. Case No. 553 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T