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Patna High Court

Krishna @ Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is allowed to the petitioner subject to conditions.

Summary

Petitioner Krishna @ Kanhaiya Kumar was implicated in a FIR alleging offences under several IPC sections and Section 8 of the POCSO Act, including an alleged attempt to outrage a minor's modesty and subsequent assault on the informant. The petitioner contended that he was falsely implicated due to local politics, asserted a clean antecedent, and highlighted the absence of an injury report. He applied for anticipatory bail, arguing that the allegations were vague and unsupported. The court, after hearing counsel for both sides, considered the seriousness of the accusations against the petitioner’s clean record and the political context. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious allegations under the IPC and POCSO Act
  • Whether the lack of an injury report and the claim of political victimisation affect the bail decision

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • PCOS Act
  • section 482
  • political victimisation
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72667 of 2025
                        Arising Out of PS. Case No.-406 Year-2022 Thana- RAHUI District- Nalanda
                 ======================================================
                 Krishna @ Kanhaiya Kumar S/o Jhuman Manjhee R/o Village - Indwas, P.S -
                 Rahui, District - Nalanda

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X S/o Sahdeo Manjhee R/o Village - Indwas, P.S - Rahui, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Satya Nand Shukla, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   30-03-2026                  Despite valid service of notice, none appears on

                   behalf of the opposite party no. 2.

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 147, 148, 149, 341, 323,

                   324, 354, 307 of the Indian Penal Code and Section 8 of the

                   Protection of Children from Sexual Offences Act.

                                4. As per F.I.R., on 25.07.2022, when daughter of the

                   informant went to attend nature’s call, this petitioner tried to

                   outrage her modesty and when informant went to the house of

                   petitioner to complain, all the named accused persons assaulted

                   him by means of lathi, danda, tangi as a result of which he
Patna High Court CR. MISC. No.72667 of 2025(5) dt.30-03-2026
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          sustained injuries.

                       5. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. Petitioner

          has falsely been implicated in this case due to local politics.

          Though petitioner and others are alleged to have assaulted

          informant but there is no injury report on record, which itself

          falsifies the prosecution case. Allegation of assault is general

          and omnibus. Rest of the allegation is ornamental only to make

          the case grave. Petitioner claims clean antecedent.

                       6. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       7. Considering backdrop of the case, nature of

          accusation and clean antecedent, this anticipatory bail is allowed

          and it is ordered that let the above named petitioner in the event

          of his arrest/surrender before the court below within a period of

          eight weeks from today, be enlarged on bail on furnishing bail-

          bond of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional District &

          Sessions Judge-VII-cum-Special Judge, POCSO, Nalanda in

          connection with Rahui P. S. Case No. 406 of 2022, subject to

          conditions as laid down under Section 482 (2) of the Bharatiya
              Patna High Court CR. MISC. No.72667 of 2025(5) dt.30-03-2026
                                                          3/3




                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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