Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 309(6)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.