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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court denied bail to the petitioner.

Summary

The petitioner, Kanhaiya Kumar, filed a bail petition in the Patna High Court after his earlier bail application was rejected on 06-08-2025. The State opposed the bail, noting that a report from the Additional Sessions Judge indicated that the trial was at the evidence stage and likely to conclude within a year. The High Court examined the nature of the allegations, which had already been considered in the earlier order. Relying on the pending status of the trial and the seriousness of the charges, the Court found no sufficient ground to grant bail. Consequently, the petition for bail was rejected.

Issues considered

  • What is the appropriate consideration for granting bail when the trial is at the evidence stage and expected to conclude within a year?
  • Does the nature of the allegations and prior rejection of bail preclude further bail relief?

Subjects

  • bail
  • criminal procedure
  • evidence stage
  • high court
  • pending trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4199 of 2026
                   Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Kanhaiya Kumar S/o- Late Laxmi Sah Village- Raniganj Mohalla, W.No-7,
                 PS- Chakiya District- East Champaran Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Muskan Singh, Advocate
                 For the Opposite Party/s :       Mr.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-04-2026                  Heard learned counsel appearing for the petitioner and

                   learned APP appearing for the State.

                                2. Learned counsel for the petitioner submits that the

                   petitioner's prayer for bail was earlier rejected vide order dated

                   06.08.2025 passed in Criminal Miscellaneous No. 36964 of

                   2025.

                                3. Learned APP for the State opposes the prayer for

                   bail and submits that on the earlier occasion, a report regarding

                   the present stage of the trial and the expected time frame for its

                   conclusion was called for.

                                4. Upon perusal of the report received from the Court

                   of the District & Additional Sessions Judge-I3, East Champaran,

                   Motihari, it appears that the charges have been framed against
            Patna High Court CR. MISC. No.4199 of 2026(3) dt.03-04-2026
                                                        2/2




                      accused and he case record is now pending for the stage of

                      evidence. The report further indicates that the trial is likely to

                      conclude within approximately one year.

                                   5. Considering the nature of allegation which has

                      already been discussed in order dated 06.08.2025 passed in

                      Criminal Miscellaneous No. 36964 of 2025, this Court is not

                      inclined to grant bail to the petitioner. Accordingly, the prayer

                      for bail in connection with Sessions Trial No.586/2025 arising

                      out of Chakia P.S. Case No. 135 of 2023, pending before the

                      Court of the learned Additional Sessions Judge -XIII, East

                      Champaran, Motihari, is hereby rejected.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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