Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted subject to a bail bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS.
Summary
The petitioner, Kanhaiya Kumar, applied for pre‑arrest bail in a case registered under Sections 305 and 331(4) of the Bihar Negotiable Securities Act, alleging theft from an informant's house. He contended that he was falsely implicated, not named in the FIR, and no stolen property was found in his possession. The State opposed the bail, arguing the seriousness of the alleged offences. The Court noted the lack of the petitioner's name in the FIR and the absence of any material recovered from him, and therefore ordered his release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) of the BNS Act. The Court also directed the District Court to verify the petitioner's criminal antecedents, stating that the order would lapse if he is found involved in other cases. The bail application was disposed of with the grant of pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail can be granted when the accused is not named in the FIR and no incriminating material is found in his possession.
- Whether the nature of the alleged offences under Sections 305/331(4) of the BNS Act justifies denial of bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 305, 331(4)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Criminal Procedure Code
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- Bihar Negotiable Securities Act
- false accusation
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86938 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- ALIPUR District- Gaya
======================================================
Kanhaiya Kumar S/O Binod Sharma @ Vinod Kumar R/O Vill.- Garaur
Kespa, P.S.- Alipur, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate.
Mr. Mayank Raj, Advocate.
For the State : Mr.Rajendra Nath Jha, APP.
For the Informant : Mr. Praveen Kumar, Advocate.
Mr. Ayush Shekhar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Alipur P.S. Case No. 58 of 2025 registered for the offence
punishable under Sections 305/331(4) of BNS.
3. As per the allegation made in the F.I.R., theft took
place in the house of the informant by breaking the locks of the
room, in which the accused stole several household articles from
trunk and almirah.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.86938 of 2025(2) dt.16-01-2026
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petitioner submitted that the petitioner is innocent and he has
committed no offence as alleged. Petitioner is not named in the
F.I.R. Just because the petitioner is the co-villager, he has been
roped in the present case on false accusation. Nothing has been
recovered from the conscious physical possession of the
petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against
the petitioner and the fact that the petitioner is not named in the
F.I.R. and nothing has been recovered from conscious physical
possession of the petitioner, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-VI,
Gayajee in connection with Alipur P.S. Case No. 58 of 2025,
subject to the condition as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
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is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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