Patna High Court
Kanhaiya RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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(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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