Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specific monetary and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Kanhaiya Kumar, was accused in Kahalgaon Police Station Case No.11 of 2019 for offences under Sections 420, 467, 468 and 120B of the Indian Penal Code. Fearing arrest, he applied for anticipatory bail, claiming innocence and offering to return Rs.50,000 that had allegedly been transferred to his account. The State opposed the bail. The Court, after considering the submissions and prior bail orders in similar cases (Cr. Misc. No.41269/2019 and Cr. Misc. No.10546/2020), granted anticipatory bail subject to conditions under Section 482(2) of the BNSS, including a bail bond of Rs.10,000 with two sureties, production of a Rs.25,000 demand draft to the informant, and payment of the remaining amount within stipulated time. Failure to comply would lead to cancellation of the bail bonds. The order also provided that full payment of Rs.50,000 within three months would confirm the interim bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under the IPC.
- Whether the conditions imposed by the Court are reasonable and in accordance with precedent bail orders in similar cases.
Legislation cited
- Indian Penal Code — s. 120B, 420, 467, 468
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- BNSS
- Bihar criminal procedure
- bail conditions
- court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60343 of 2025
Arising Out of PS. Case No.-11 Year-2019 Thana- KAHALGAON District- Bhagalpur
======================================================
Kanhaiya Kumar S/O Awadesh Singh Village- Jamal Bigha, P.S.-Khusrupur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Singh
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kahalgaon P.S. Case No. 11 of 2019 registered for offences
under Sections 420, 467, 468 and 120B of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is one of
the accused who is alleged to have cheated the informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that similarly situated co-accused who are
alleged to have cheated the informant have been granted bail by
co-ordinate Benches of this Court in Cr. Misc. No. 41269 of
2019 dated 10.07.2019 and in Cr. Misc. No. 10546 of
Patna High Court CR. MISC. No.60343 of 2025(5) dt.26-02-2026
2/3
2020 dated 07.12.2021. He further submits that an amount of
Rs. 50,000/- has come in the account of the petitioner and
without accepting his guilt, the petitioner is ready to return that
amount to the informant in the next three months.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and the submissions of the parties, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released 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 learned Court below
where the case is pending/successor Court in connection with
Kahalgaon P.S. Case No. 11 of 2019 subject to the conditions as
laid down under Section 482(2) of the BNSS and with a further
condition that:-
(I). At the time of furnishing the bail bonds,
the petitioner shall produce a demand draft of Rs.
25,000/- in the name of the informant. The bail bonds
shall be accepted only upon production of the aforesaid
demand draft, which shall then be released in favour of
the informant by the Court below. In default thereof,
Patna High Court CR. MISC. No.60343 of 2025(5) dt.26-02-2026
3/3
appropriate orders shall be passed by the Court below.
After accepting the bail bonds, the Court below shall
release the petitioner on interim bail.
(ii). Rest of the amount i.e., Rs. 25,000/-
shall be paid to the informant by the petitioner after the
release of the petitioner in the next two months failing
which the bail bonds of the petitioner shall be
cancelled. However, if the petitioner deposits the entire
sum of Rs. 50,000/- within a period of three months
from the date of this order, the interim bail granted to
the petitioner shall be confirmed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…