Patna High Court
Kanhaiya Kumar @ Gautam Kumar @ GautamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Kanhaiya Kumar, was charged under Section 392 of the Indian Penal Code for a robbery in which three unknown persons allegedly looted Rs. 3,88,210 at gunpoint, with the petitioner’s name emerging from a co‑accused’s self‑inculpatory statement. He has been in custody since 4 October 2024 and possesses four prior serious criminal antecedents. The petitioner applied for regular bail, arguing that he should be released pending trial. The court examined the prima facie material linking him to the offence, the seriousness of the charge, and his criminal history. Considering these factors, the court declined to grant regular bail, emphasizing that its observations were limited to the bail application and would not affect the trial. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner in a robbery case under Section 392 IPC given the prima facie evidence and his prior serious criminal antecedents.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- robbery
- IPC Section 392
- criminal antecedents
- prima facie evidence
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27613 of 2026
Arising Out of PS. Case No.-85 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Kanhaiya Kumar @ Gautam Kumar @ Gautam Son of Upendra Panjiyar R/o-
Kunna, P.S.- Bithan Bazar, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rosera P.S. Case No. 85 of 2024 registered for the offence under
Section 392 of the Indian Penal Code.
3. As per the prosecution case, three unknown
persons, at gunpoint, looted Rs. 3,88,210/- from the informant.
During the investigation, the name of the petitioner has come in
the case on the self-inculpatory statement of a co-accused.
4. The petitioner is in custody since 04.10.2024 and
has four similar and serious criminal antecedents. There exists
prima facie material against the petitioner indicating his
involvement in the commission of the offence.
Patna High Court CR. MISC. No.27613 of 2026(2) dt.28-04-2026
2/2
5. Considering the facts and circumstances of the
case, the nature of allegation and the criminal antecedents of the
petitioner, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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