Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
Kanhaiya Kumar was arrested in connection with a vehicle snatching during which unknown assailants opened fire, leading to charges under IPC sections 394, 307, 34 and Arms Act section 27. The prosecution’s informant and the injured victim identified the petitioner as the shooter, while a co‑accused, Nitish Kumar, confessed and was granted bail. The petitioner, represented by Mr. Rahul Singh, argued that he has no criminal antecedent, that the FIR attributes the firing to unknown persons, and that no TIP was conducted, making the identification unreliable. The State, through Mrs. Rita Verma, opposed bail. The Court examined the weak identification, the co‑accused’s confession, and the petitioner’s clean record, and decided to grant regular bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of dacoity, attempt to murder, common intention and unlawful possession of arms
- Whether the identification of the petitioner by the informant and the injured victim is sufficient to deny bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 394
Subjects
- bail
- IPC
- Arms Act
- identification of accused
- co‑accused confession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52084 of 2025
Arising Out of PS. Case No.-291 Year-2023 Thana- BELDOUR District- Khagaria
======================================================
Kanhaiya Kumar S/O Vipin Kumar Singh Resident of Village- Teghahchi,
P.S- Chautham, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mrs. Rita Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 08-01-2026 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 394, 307
and 34 of the Indian Penal Code and Section 27 of the Arms
Act.
3. As per the prosecution story, the informant alleged
that his sister’s brother-in-law has been shot at and admitted to
the Primary Health Center. He reached the place and came to
know that, in course of snatching the vehicle, the unknown
accused persons opened fire.
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 the name of this
Patna High Court CR. MISC. No.52084 of 2025(5) dt.08-01-2026
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petitioner has been surfaced for the first time in restatement of
the informant wherein he has stated that this petitioner has fired
thrice and the gun shot injury hit in the stomach. Learned
counsel for the petitioner has further submitted that the injured
of this case has also given his statement during investigation and
he has also stated that this petitioner has fired him thrice.
Learned counsel for the petitioner has also submitted that in this
case admittedly, as per FIR, the firing was made by unknown
miscreants. During course of investigation, no TIP has been
conducted and it is very surprising that how the informant and
injured both have identified the petitioner. Co-accused Nitish
Kumar has confessed in this case and save and except, the
confessional statement of co-accused Nitish Kumar, there is
nothing against this petitioner. Nitish Kumar has already been
granted bail by learned co-ordinate Bench of this Court vide
order dated 26.09.2025 passed in Cr. Misc. No. 49887 of 2025.
A statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 11.11.2024.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.52084 of 2025(5) dt.08-01-2026
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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
Beldaur P.S. Case No. 291 of 2023 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge, Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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