Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74514 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== Kundan Kumar S/O Late Ramesh Yadav R/O Vill.- Kripa Bigha, P.S.- Rajgir, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP For the Informant : Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 329(3), 329(4), 308(4), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner in association of co-accused, Ranjan Kumar is said to have entered into the house of the informant and assaulted the uncle of the informant by means of iron rod, sustaining head injury to him.
4. It is submitted by learned counsel for the petitioner that the F.I.R. discloses that there is general and omnibus allegation on the petitioner and one another Ranjan
Patna High Court CR. MISC. No.74514 of 2025(5) dt.18-02-2026 2/3 Kumar of having assaulted the uncle of the informant by means of iron rod due to which serious injury has been sustained by the injured. It is further submitted that no specific motive has been stated in the F.I.R. The anticipatory bail of the petitioner was rejected vide order dated 20.08.2025 passed in Cr. Misc. No.35027 of 2025 and he was directed to surrender before the learned Court below, whereafter the petitioner immediately surrendered on 03.09.2025 and since then he is languishing in custody.
5. Learned APP for the State and learned counsel for the informant opposed the bail petition submitting that the petitioner with another co-accused has caused serious injury. Hence, the petitioner does not deserve the privilege of bail.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner voluntarily surrendered, pursuant to an order passed by a co-ordinate Bench of this Court rejecting anticipatory bail, coupled with the fact that the chargesheet having been submitted and the petitioner is a young student, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.74514 of 2025(5) dt.18-02-2026 3/3 where the case is pending/successor Court in connection with Rajgir P.S. Case No.23 of 2025, subject to the conditions that the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned. (Soni Shrivastava, J) Trivedi/- U T