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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kanhaiya Kumar, sought regular bail in a case registered under sections 309(5), 109(1) and 3(5) of the BNS and section 27 of the Arms Act, alleging that he was implicated only through a co‑accused's confessional statement and not named in the FIR. The prosecution alleged that masked miscreants attempted to loot an informant's shop, but no material was recovered from the petitioner and CCTV footage showed masked faces, making identification impossible. The petitioner had been in judicial custody since 6 May 2025, while the State opposed bail citing four prior criminal cases. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Judicial Magistrate, First Class, Begusarai.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the allegations and his prior criminal antecedents
  • Whether the confessional statement of a co‑accused and masked CCTV footage constitute sufficient grounds to deny bail

Legislation cited

Subjects

  • regular bail
  • criminal antecedent
  • confessional statement
  • identification
  • CCTV footage
  • Arms Act
  • section 27
  • BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32914 of 2026
                       Arising Out of PS. Case No.-18 Year-2025 Thana- Ratanpur District- Begusarai
                 ======================================================
                 Kanhaiya Kumar son of Krishnandan Singh @ Kisannandan Singh Resident
                 of Village -Sihma PS -Matihani Distt -Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :        Mrs. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   14-05-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 309(5), 109(1)

                   and 3(5) of BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that certain miscreants

                   entered the shop of the informant and they attempted to loot but

                   they were not successful in the act.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that as per the FIR, all the

                   miscreants have masked their faces. The petitioner is not named in

                   FIR rather his name has transpired on the basis of confessional

                   statement of co-accused Mayanak Kumar. Save and except
            Patna High Court CR. MISC. No.32914 of 2026(2) dt.14-05-2026
                                                        2/2




                      confessional statement of co-accused, there is nothing against this

                      petitioner. As far as CCTV footage is concerned, according to the

                      case of the prosecution, the miscreants have masked their face, as

                      such, there is no chance of identification. Nothing has been

                      recovered from the possession of the petitioner. Moreover, he is

                      languishing in judicial custody since 06.05.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that petitioner

                      is having criminal antecedent of four cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Ratanpur P.S. Case No. 18 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate, First Class,

                      Begusarai.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U       T


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