CR. MISC./80630/2025 of Kundan Swarnkar @ Kundan Soni Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80630 of 2025 Arising Out of PS. Case No.-167 Year-2025 Thana- BARHARA KOTHI District- Purnia ====================================================== Kundan Swarnkar @ Kundan Soni S/o Late Satyanarayan Swarnkar R/o Village - Thatheri Tola, Barhara ward no 7, P.S - Barhara Kothi, District - Purnia ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s: Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 115(2), 124(1) and 3(5) of B.N.S. 3. The case of the prosecution is that the petitioner along with other three named accused persons was spraying acid and due to that, Nilesh Kumar, Mritunjaya Kumar, Himanshu and Vindeshwari Mandal have received acid burn. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned Patna High Court CR. MISC. No.80630 of 2025(3) dt.21-01-2026 2/3 counsel for the petitioner has submitted that from perusal of the order of the learned trial court, it will transpire that as per injury report of Vindeshwari Mandal, the nature of his injury is grievous and was caused by acid. Learned counsel has submitted that he has specifically stated in para-12 of his petition that during investigation, Mritunjaya Kumar, Himanshu Kumar, Deepak Kumar and Vindeshwari Mandal have stated before police that co-accused Rajeev Swarnkar sprayed acid on them. From perusal of the FIR, it is clear that the nature of allegation is general and omnibus. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. The victim has not named this petitioner during investigation. Moreover, he is languishing in judicial custody since 20.07.2025. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barhara Kothi P.S. Case No. 167 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the Patna High Court CR. MISC. No.80630 of 2025(3) dt.21-01-2026 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. Shubham/- (Ashok Kumar Pandey, J) U T