Kundan Yadav @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73942 of 2025 Arising Out of PS. Case No.-320 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1.
Kundan Yadav @ Kundan Kumar S/o Parma Rai 2.
Sonu Kumar S/o Mandan Ray @ Madan Rai 3.
Prince Kumar S/o Bharosha Rai R 4.
Dinesh Kumar @ Dinesh Kumar Yadav @ Putul S/o Mandan Ray @ Madan Rai 5.
Deepu Kumar S/o Bharosha Rai 6.
Sandeep Kumar @ Sandeep Rai S/o Sanjay Rai All are R/o Village - Olhanpur, P.S - Marhowrah, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-02-2026 Heard Mr.Ajit Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Marhowrah P.S. Case No.320 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 118(1), 352, 351(2) and 3(5) of BNSS.
3. As per the allegation made in the FIR, co-accused persons including the petitioners assaulted the informant, causing him injuries, while they were attending marriage
Patna High Court CR. MISC. No.73942 of 2025(3) dt.26-02-2026 2/3 ceremony of his cousin and had molested the dancer.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have committed no offence. There is general and omnibus allegation against them. He further submitted that no materials has come during the course of investigation and the petitioners name has been transpired on basis of suspicion only. Petitioners are having clean antecedent seeks to be released on pre-arrest bail.
5. Per contra, learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the FIR and the materials, it appears that the petitioner no.4 (Dinesh Kumar @ Dinesh Kumar Yadav @ Putul) assaulted by means of Farsa on the head of the informant, who sustained grievous injuries, as per opinion of the Doctor. I am not inclined to enlarge the petitioner no.4 on pre- arrest bail.
7. So far as petitioners no.1, 2, 3, 5 and 6 are concerned, there is general and omnibus allegation against them and no materials has come during the course of investigation, it appears that name of the petitioners have been transpired on
Patna High Court CR. MISC. No.73942 of 2025(3) dt.26-02-2026 3/3 basis of suspicion only, they are directed to to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM 1st, Saran at Chapra/concerned court, in connection with Marhowrah P.S.Case No.320 of 2025, subject to conditions as laid down under Section 482(2) of BNSS of 2023
8. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
9. With the above observation/direction, the present application stands disposed of.
(Purnendu Singh, J) chn/- U