Kundan Singh @ Kundan Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Kundan Singh @ Kundan Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: on arrest or surrender before the court below within six weeks, release on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the court below, subject to the conditions under Section 482(2) of the BNSS, 2023, in connection with Bahadurpur P.S. Case No. 304 of 2024.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Bahadurpur P.S. Case No. 304 of 2024 (registered for offences punishable under Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023), should be released on anticipatory bail.

Court's answer

The petitioner, in the event of his arrest or surrender before the court below within six weeks from the date of this order, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the court below where the case is pending (or successor court) in connection with Bahadurpur P.S. Case No. 304 of 2024.

Ratio / Principle

The anticipatory bail release is subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted – Criminal Miscellaneous No.22686 of 2025 (arising out of Bahadurpur P.S. Case No. 304 of 2024, District Darbhanga; offences under Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023). Kundan Singh @ Kundan Kumar Singh, apprehending arrest, sought anticipatory bail; his name had surfaced through the confessional statement of co-accused Saurav Kumar, who had already been enlarged on regular bail by this Court vide order dated 05-10-2024 in Cr. Misc. No. 70986 of 2024. Counsel submitted that nothing was recovered from the petitioner's possession, though he bears four criminal antecedents and the charge sheet has been submitted after completion of investigation; the APP opposed the bail prayer. By oral order dated 12-05-2025, Justice Rudra Prakash Mishra directed that, on arrest or surrender within six weeks, the petitioner be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the court below, subject to the conditions under Section 482(2) of the BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22686 of 2025

Arising Out of PS. Case No.-304 Year-2024 Thana- BAHADURPUR District- Darbhanga

======================================================

Kundan Singh @ Kundan Kumar Singh S/O Late Anil Singh @ Late Anil Kumar Singh Resident Of Village- Ojhaul, P.S- Bahadurpur, Distt.Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 304 of 2024 registered for the offences punishable under Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Prosecution case in a nutshell is that during vehicle checking, co-accused, namely, Sourav Kumar was apprehended with a scooty and on demand of valid documents he failed to produce the same.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22686 of 2025(2) dt.12-05-2025 2/3

petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner’s name has surfaced in this case on the basis of confessional statement of co-accused, namely, Saurav Kumar and the same has no evidentiary value in the eye of law. The aforesaid Saurav Kumar has been enlarged on regular bail by this Court vide order dated 05-10-2024, passed in Cr. Misc. No. 70986 of 2024. Nothing has been recovered from the conscious or physical possession of the petitioner. Petitioner bears four criminal antecedents. Police after completion of investigation has submitted charge sheet in this case.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 304 of 2024, subject to the conditions as laid

Patna High Court CR. MISC. No.22686 of 2025(2) dt.12-05-2025 3/3

down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T