Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail could be granted to the petitioner subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Kanhaiya Kumar, sought anticipatory bail after being implicated in a case alleging that he and several co‑accused fired indiscriminately at an informant’s house, causing injuries, and were charged under multiple sections of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) and Section 27 of the Arms Act. The petitioner claimed innocence, alleging that the informant was involved in illegal liquor trade and that the accusations were a false implication, and highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court considered the facts, the nature of the allegations, and the provisions of Section 482(2) of the B.N.S.S. The court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and conditions prescribed under the statute. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.S. and the Arms Act
- Whether the allegations against the petitioner constitute sufficient ground to deny bail
Legislation cited
- Arms Act — s. 27
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- Bharitya Nagrik Suraksha Sanhita
- Arms Act
- criminal law
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34780 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- TEGHRHA District- Begusarai
======================================================
Kanhaiya Kumar S/o Ramanuj Singh @ Mally Singh Resident of Village-
Barauni- 01, ward No. 15, P.S.- Teghara, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Sinha No.1, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Teghra P.S. Case No. 119 of 2026 registered for
the offence punishable under Sections 126(2), 115(2), 109,
118(2), 351(2) and 3(5) of the BNS and Section 27 of the Arms
Act.
4. As per the prosecution case, on 04.03.2024 at about
10:30 P.M., the petitioner, along with nine named co-accused
persons and 10 to 15 unknown persons, entered the house of the
informant and started firing indiscriminately. It has further been
alleged that co-accused Bullu Kumar fired upon the informant
Patna High Court CR. MISC. No.34780 of 2026(2) dt.21-05-2026
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and the shot passed over his face, while co-accused Anmol
Kumar fired at the left hand of the informant, due to which he
sustained severe injuries. Thereafter, all the accused persons
assaulted Deepak Yadav (brother of the informant) on his head,
causing injuries to his head. On alarm being raised, all the co-
accused persons, including the petitioner, fled away after
threatening the informant.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that there is a general and
omnibus allegations against the petitioner. Learned counsel
further submits that the informant and his family members are
litigant persons and are involved in the illegal liquor trade in the
locality, and since the petitioner opposed the unlawful activities
of the informant, the petitioner has been falsely implicated in
the present case. Lastly, it has been submitted that the petitioner
has got a clean criminal record.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.34780 of 2026(2) dt.21-05-2026
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arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Begusarai, in connection with Teghra P.S. Case No. 119 of 2026,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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