Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, directing his release upon furnishing bail bonds and sureties.
Summary
The petitioner, Kanhaiya Kumar, sought anticipatory bail fearing arrest in a case registered under Section 25(9) of the Arms Act. The FIR did not initially name him, but later investigation indicated his presence at the incident. A co-accused, Diwakar Thakur, had already been granted anticipatory bail, strengthening the petitioner's claim. The Court examined the lack of direct allegations against the petitioner and the precedent of bail to the co-accused. Accordingly, the Court allowed the anticipatory bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under the CrPC. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 25(9) of the Arms Act despite his later identification in the investigation
- Whether the grant of anticipatory bail to a co-accused influences the petitioner's entitlement to bail
Legislation cited
- Arms Act — s. 25(9)
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- anticipatory bail
- Arms Act
- Section 25(9)
- Criminal Procedure Code
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31719 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Kanhaiya Kumar S/o Rajendra Raut Resident of Village- Ghusukpur, P.S.-
Kalibagh, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aashi Wats, Advocate
Ms.Mili Kumari, Advocate
Ms. Shambhawi, Advocate
For the State : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Bettial Muffasil P.S. Case No. 21 of 2025 instituted under
Sections 25(9) of the Arms Act.
3. There is no allegation against the petitioner in the
FIR. Subsequently, his name has come during investigation that
he was also present at the time of occurrence. One co-accused
namely, Diwakar Thakur @ Diwakar Kumar Thakur has been
granted anticipatory bail by this Court in Cr. Misc. No. 25929
of 2025. The case of the petitioner stands on a better footing
then Diwakar Thakur @ Diwakar Kumar Thakur.
4. Considering the aforesaid facts, this application is
Patna High Court CR. MISC. No.31719 of 2025(3) dt.17-02-2026
2/2
allowed.
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, West Champaran, Bettiah/ concerned Court in
connection with Bettiah Muffasil P.S. Case No. 21 of 2025,
subject to the conditions laid down in Section 482 of the BNSS/
438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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