Kanhaiya Ray @ Kanhaiya Rai @ Kanhiya Ray @ Kanhai KumarversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.33615 of 2026
                    Arising Out of PS. Case No.-115 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Kanhaiya Ray @ Kanhaiya Rai @ Kanhiya Ray @ Kanhai Kumar S/O Nand
                 Kishor Ray @ Nandkishore Ray Resident of village - Nazirpur, Near Fakira,
                 P.S- Ahiyapur,District- Muzaffarpur

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Arvind Kumar, Advocate
                 For the State           :        Ms. Meena Singh, APP
                 For the Informant       :        Mr. Anumay Shahi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   19-05-2026                     Heard Mr. Arvind Kumar, learned counsel for the

                   petitioner, Mr. Anumay Shahi, learned counsel for the informant

                   and Ms. Meena Singh, learned A.P.P. for the State through

                   virtual mode.

                                  2. Petitioner apprehends his arrest in connection with

                   Ahiyapur P.S. Case No. 115 of 2026, registered for the offences

                   under Sections 329(3), 109, 308(4), 352, 3(5) of Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959.

                                  3. As per the prosecution case, the informant has

                   alleged that the accused persons started abusing and thereafter
Patna High Court CR. MISC. No.33615 of 2026(2) dt.19-05-2026
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          the accused Sanjit Rai incited the other accused persons to kill

          the victim and following which Ranjeet Rai is said to have fired

          from the gun, which hit Subodh Kumar in his leg. It has further

          been alleged that the victim was taken to the hospital and

          thereafter, the FIR was lodged.

                       4. Learned counsel for the petitioner submits that

          there are general and omnibus allegations against the petitioner.

          It has further been submitted that the specific allegation of firing

          is upon Sanjeet Rai and Prateek Rai and the firearm injury is

          said to have been caused on the legs of Subodh Kumar. It has

          next been submitted that the petitioner carries clean antecedent.

                       5. Learned counsel for the informant as well as the

          learned APP for the State have vehemently opposed the prayer

          for anticipatory bail and have stated that the petitioner was part

          of the mob which had approached and they were also armed

          with firearm and even tried to kill the informant and his father,

          however, they managed to escape.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.33615 of 2026(2) dt.19-05-2026
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          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Ahiyapur P.S. Case No. 115 of 2026, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned 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
                          antecedent, 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.
                       7. Accordingly, the prayer for anticipatory bail is

          allowed.
           Patna High Court CR. MISC. No.33615 of 2026(2) dt.19-05-2026
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                                  8. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
manoj/ayushkr-

U      T