Patna High Court
Kanhaiya kumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner.
Summary
The petitioner, Kanhaiya Kumar, was arrested in connection with a case of assault and stabbing of an informant under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 14 January 2026 and has no prior criminal record. The prosecution presented prima facie material indicating his participation in the stabbing, and the injured informant specifically identified him as an assailant. The High Court examined the seriousness and gravity of the offences and the existence of prima facie evidence. Concluding that the allegations were grave, the Court declined to grant regular bail and dismissed the bail application, noting that its observations were limited to the bail matter and would not affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the presence of prima facie evidence against him
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- regular bail
- bail denial
- assault
- stabbing
- Bharatiya Nyaya Sanhita
- prima facie evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27643 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Kanhaiya kumar Son of Late santosh sharma Resident Of Village - Jittu
Gachhi Phulwari, Ps- Town, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Madhumala Kumari
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
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
Darbhanga Town P.S. Case No. 221 of 2025 registered for the
offence under Sections 126(2), 115(2), 118(1), 109 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons
are alleged to have assaulted the informant and stabbed him.
4. The petitioner is alleged to be one of the assailants
who stabbed the informant, and the injured has specifically
named the petitioner as one of the assailants. The petitioner is in
custody since 14.01.2026 and has no criminal antecedent.
5. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against
Patna High Court CR. MISC. No.27643 of 2026(2) dt.28-04-2026
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the petitioner indicating his involvement in the commission of
the offence.
6. Considering the aforesaid facts and circumstances,
the nature and the gravity of the offence, this Court is not
inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. 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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