Kanhaiya KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1942 of 2026
                    Arising Out of PS. Case No.-3 Year-2025 Thana- SURYAGARHA District- Lakhisarai
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                 Kanhaiya Kumar Son of Late Dinesh Singh Resident of Village- Rampur,
                 P.S.- Suryagarha, District- Lakhisarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Khushi Awadh, Adv.
                 For the Opposite Party/s :       Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   23-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Surajgarha P.S. Case No. 03 of 2025 dated 05.01.2025

                   registered for the offences punishable under Sections 191(2),

                   126(2), 115(2), 329(3) and 109(1) of the B.N.S. and under

                   Section 27 of the Arms Act.

                                3. As per the prosecution case, the informant along

                   with his brother was feeding cattle, in the meantime, the

                   petitioner and other named co-accused persons variously armed

                   with lathi, danda, rifle etc., came to the informant and started

                   abusing and assaulting him and others. It is further alleged that

                   one of the co-accused persons namely, Amar Kumar @

                   Amarjeet Kumar is said to have fired upon the informant which
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          hit on his right leg.

                       4. The learned counsel for the petitioner submits that

          petitioner has falsely been implicated with a general and

          omnibus allegation. It has further been submitted that there is a

          land dispute between the parties and only on account to settle

          the same, the present false and concocted case has been lodged.

          It has next been submitted that the injury sustained by the

          informant is said to have been caused by firearms allegedly fired

          by the co-accused, Amar Kumar. Learned counsel has further

          submitted that similarly situated co-accused person including

          the person who had fired from the rifle namely Amar Kumar has

          been granted bail by this Hon’ble Court. It has lastly been

          submitted that the petitioner has seven criminal antecedents and

          he is on bail in all the said cases. It has been pointed out that by

          way of supplementary affidavit, the details of the said case

          along with their status has been brought on record.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the
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          Court below within a period of four weeks from today, 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 where the case is pending/successor

          court in connection with Surajgarha P.S. Case No. 03 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following

          conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the
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                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  (v) In view of the antecedents of the petitioner, the

                     petitioner is directed to appear before the Superintendent of Police,

                     Lakhisarai, within fifteen (15) days of his release with a copy of

                     this order and every two weeks thereafter for the next nine months.

                     The conduct of the petitioner will be kept under watch in this

                     period by the concerned Superintendent of Police and if it is found

                     wanting in any respect, a report shall be made to the Court

                     concerned by him to initiate a proceeding for cancellation of bail

                     of the petitioner for reasons of misuse of bail. After reporting to

                     the Superintendent of Police, a certificate will be filed by the

                     petitioner before the Court concerned.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T