Patna High Court
Kanhaiya Singh @ Krishna KanhaiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Petitioners Kanhaiya Singh and Muskan Kumari sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for an alleged assault on an informant’s house on 12 May 2025. The prosecution alleged that the accused, including the petitioners, entered the house armed and assaulted the informant and her son, while the petitioners contended they had no specific involvement and maintained clean antecedents. The learned counsel argued that the allegations against the petitioners were general and omnibus, lacking any specific overt act. The court, considering the nature of the accusation and the petitioners’ clean records, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita. The order directed that if arrested within eight weeks, the petitioners be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged assault charges.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.873 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- NAYAGAON District- Saran
======================================================
1. Kanhaiya Singh @ Krishna Kanhaiya S/o- Sanjay Kumar Singh R/o Vill.-
Kasturichak P.s- Nayagaon, Dist- Saran.
2. Muskan Kumari S/o Sanjay Kumar Singh R/o Vill.- Kasturichak P.s-
Nayagaon, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 303(2),
74, 118(1), 109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on 12.05.2025 at about
8:30 PM, all the F.I.R. named accused persons, including these
petitioners, armed with deadly weapons, entered the house of
informant and assaulted her. Upon protest, co-accused Saksham
Singh and Prince Kumar assaulted on the head of informant by
means of lathi and co-accused Chanchal Kumari and Khushi
Patna High Court CR. MISC. No.873 of 2026(2) dt.21-01-2026
2/2
Kumari assaulted on the head of the son of informant with iron
rod.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault against these petitioners is general and
omnibus and there is no specific allegation of any overt act
against them. Specific accusation of assault is against other co-
accused persons. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation and clean
antecedents, this anticipatory bail is allowed and it is ordered
that let the above named petitioners in the event of
arrest/surrender before court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of like
amount each to the satisfaction of learned Judicial Magistrate-I,
Saran in connection with Nayagaon P. S. Case No. 84 of 2025,
subject to condition as laid down under Section 482(2) BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…