Patna High Court
Krishna @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 354
- Protection of Children from Sexual Offences Act — s. 8
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
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Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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