Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84906 of 2025 Arising Out of PS. Case No.-459 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Kundan Kumar S/o- Santosh Singh @ Santosh Kumar SIngh Resident of Village- Balua Basant Jahanabad, Ps- Lalganj, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 459 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 75, 109, 303(2) 352, 351(3), 3(5) of the BNS.
3. The allegation against the petitioner is of causing assault by means of wood log over the head of the son of the informant due to which he sustained serious injury, besides there is further allegation against other accused persons of causing assault to the informant and others as well as snatching of valuables.
4. Learned Advocate for the petitioner submitted that the parties are agnates and on account of some trifle, they entered into a free fight resulting into some unfortunate injuries
Patna High Court CR. MISC. No.84906 of 2025(2) dt.07-01-2026 2/3 to the persons of both the sides. However, there is counter version of the present case being Lalganj P.S. Case No. 458 of 2025, instituted against the informant and others and admittedly the same was instituted on earlier point of time. So far the injury, which is allegedly sustained to the informant's son is concerned, the same has been found to be superfluous and simple in nature. To support the aforesaid contention, the injury report has been placed on record as Annexure-3 to the bail application. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner has specifically assaulted the informant's son over his head, which may cause grievous injury.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injury and the fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon
Patna High Court CR. MISC. No.84906 of 2025(2) dt.07-01-2026 3/3 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 459 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T