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Patna High Court

Kanhaiya RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Kanhaiya Raut, was arrested on 12 September 2025 in connection with a murder case (FIR dated 7 September 2025) under Sections 103(1), 238 and 3(5) of the BNS. He was not named in the FIR; his name emerged later during investigation based on secret information, after which he allegedly confessed, though no other material evidence linked him to the crime. The petitioner pleaded for bail, asserting a clean criminal record and lack of substantive evidence. The State opposed the bail application. The Court, noting the petitioner’s clean antecedent, the absence of his name in the FIR, and the reliance on mere suspicion, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail when the accused is not named in the FIR and the only material linking him to the offence is a confession and investigative suspicion?

Legislation cited

  • BNS — s. 103(1), 238, 3(5)

Subjects

  • bail
  • murder
  • criminal procedure
  • clean antecedent
  • confession
  • investigation
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82432 of 2025
                   Arising Out of PS. Case No.-397 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Kanhaiya Raut S/O Late Manbahali Raut R/O Vill.- Ojhawaliya, P.s- Bairiya,
                 District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                  Heard Mr.Bimlesh Kumar Pandey, learned counsel

                   for the petitioner and Mr.Bhanu Pratap Singh, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   12.09.2025 in connection with Bairiya P.S. Case No. 397 of

                   2025, F.I.R. dated 07.09.2025 registered for the offence

                   punishable under Sections 103(1),238,3(5) of BNS.

                                3. The FIR of the occurrence of murder is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. Petitioner is not named in the

                   FIR. The name of the petitioner has been transpired during

                   investigation on the basis of the secret information. Thereafter,

                   the petitioner has confessed his guilt in the present occurrence
Patna High Court CR. MISC. No.82432 of 2025(3) dt.27-01-2026
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          and no one has seen the occurrence and except the aforesaid, no

          other cogent material has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence. The police, after investigation, submitted

          the chargesheet against the petitioner and the petitioner is in

          custody since 12.09.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, petitioner is not named in the FIR, the name of the

          petitioner has been transpired during investigation on the basis

          of suspicion, let the petitioner, above named, be released 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

          Judicial Magistrate-1st Class, Bettiah, West Champaran in

          connection with Bairiya P.S. Case No. 397 of 2025, with the

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.82432 of 2025(3) dt.27-01-2026
                                                           3/3




                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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