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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioner notwithstanding the recovery of loot from his premises, subject to strict conditions.

Summary

Kanhaiya Kumar was arrested on 12 October 2025 in connection with a loot case registered under Section 309(6) of the B.N.S. Although his name was not mentioned in the FIR, police raids recovered the looted amount from his residence and a chargesheet was filed. The petitioner, represented by Mr. Abhimanyu Deo, pleaded that he has a clean antecedent and was falsely implicated, seeking bail. The State, through Mr. Bhanu Pratap Singh, opposed bail, emphasizing the recovery of loot from the petitioner's house. The court, after considering the circumstances, granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of looted proceeds from his premises.
  • Whether the absence of the petitioner's name in the FIR precludes the grant of bail.
  • Whether the conditions imposed by the court satisfy the requirements for bail under Section 309(6) of the B.N.S.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(6)
  • loot
  • false implication
  • police raid
  • chargesheet
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3181 of 2026
                      Arising Out of PS. Case No.-698 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Kanhaiya Kumar Son of Kameshwar Ray R/o Mohalla - Usfa, P.S. -
                 Gaurichak, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhimanyu Deo, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                    Heard Mr. Abhimanyu Deo, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   12.10.2025, in connection with Gaurichack P.S. Case No. 698 of

                   2025, F.I.R. dated 10.10.2025                registered for the offences

                   punishable under Sections 309(6) of the B.N.S.

                                3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that the

                   petitioner is not named in the F.I.R. and the name of the

                   petitioner has been transpired on the basis of secret information
Patna High Court CR. MISC. No.3181 of 2026(2) dt.20-01-2026
                                            2/3




          and thereafter the police has conducted raid to the house of the

          petitioner and co-accused person and the police has recovered

          the looted amount from the house of co-accused and the house

          of the petitioner.       Learned counsel for the petitioner further

          submits that the recovered amount has not been put for TIP and

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 12.10.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the looted amount has been

          recovered from the house of the petitioner.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     A.C.J.M. II, Patna City, Patna in connection with

          Gaurichack P.S. Case No. 698 of 2025, subject to the following

          conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.3181 of 2026(2) dt.20-01-2026
                                                           3/3




                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below 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 court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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