Patna High Court
Kanhaiya Kumar @ Lolu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, Kanhaiya Kumar.
Summary
The petitioner, Kanhaiya Kumar, was implicated in an FIR alleging assault and firing a pistol at the informant and his family. He contended that he was falsely implicated due to village political enmity and that the actual firearm injury was caused by another individual, Vickey Singh. The prosecution had not presented any incriminating material against the petitioner, and a co‑accused (the petitioner's father) had already been granted anticipatory bail by the same court. Relying on the lack of evidence, the petitioner’s clean antecedent, and the precedent of bail to the co‑accused, the court decided to grant anticipatory bail. The bail was conditioned on a bond, sureties, appearance before the trial court, and prohibitions against witness tampering or further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and evidence.
- Whether the petitioner’s alleged involvement constitutes an offence warranting denial of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. 2023 are appropriate.
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 126(2), 303(2), 329(3), 3(5), 482(2)
Subjects
- anticipatory bail
- false implication
- assault
- firearm offence
- bail conditions
- Section 482
- clean antecedent
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83994 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
Kanhaiya Kumar @ Lolu Kumar S/o Ranjeet Singh @ Ranjeet Kumar Singh
R/o Village- Nandpur, P.S.- Suryagarha, Distt- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghwendra Pratap Singh, Adv.
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard Mr. Raghwendra Pratap Singh, learned counsel
for the petitioner and the learned APP for the State.
2. This application for grant of anticipatory bail arises
out of Surajgarha Police Station Case No. 194 of 2025 dated
18.06.2025, disclosing the offence under Sections 126(2),
329(3), 109(1), 303(2) and 3(5) of the BNS lodged by the
informant, Sunil Kumar.
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein came
and assaulted the informant as also the members of his family. It
is further stated that while Sonu Kumar and Raju Kumar caught
hold of the hand of his son, Kanhaiya Kumar @ Lolu Kumar
(petitioner) is said to have assaulted with the butt of a pistol. On
the orders of one Ashok Singh, the petitioner resorted to firing,
however, the shot missed. Accordingly, the present FIR.
Patna High Court CR. MISC. No.83994 of 2025(3) dt.11-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence as alleged in the FIR
and he has falsely been implicated in this case and on the basis
of old enmity between the parties due to village politics. He
further submits that during course investigation, it has come on
record that the fire arm injury which is sustained by the injured,
Amresh Kumar was inflicted by one Vickey Singh, who had
opened fire and this petitioner though, has been implicated in
this case but there is no allegation of overt-act against him. It
has next been submitted that similarly placed co-accused person
who is said to be the father of this petitioner namely, Ranjeet
Singh @ Ranjeet Kumar Singh has been granted anticipatory
bail by the Co-ordinate Bench of this Court vide order dated
30.08.2025 in Cr. Misc. No. 56100 of 2025 (Annexure-P/3) and
the petitioner has got clean antecedent.
5. On the other hand, learned APP by referring to
the case diary does not dispute the submission of the petitioner.
6. After having heard learned counsel for the
parties and taking into consideration the fact that nothing
incriminating against this petitioner has been found during
course of investigation, allegation of opening fire arm is against
one Vickey Singh and similarly situated co-accused, as
Patna High Court CR. MISC. No.83994 of 2025(3) dt.11-02-2026
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mentioned above, has been granted anticipatory bail by a co-
ordinate Bench of this Court and the petitioner has got no
criminal antecedent, this Court is inclined to grant the petitioner
the privilege of anticipatory bail.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioner, named above, in the event of
his arrest or surrender before the Court below within six weeks
from today, 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 Chief Judicial Magistrate,
Lakhisarai, in connection with aforesaid Police Station Case
subject to the condition as laid down under Section 482 (2) of
the B.N.S.S. 2023, as well as the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
Trial Court itself;
Patna High Court CR. MISC. No.83994 of 2025(3) dt.11-02-2026
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(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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