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Patna High Court

Kanhaiya Singh @ Krishna KanhaiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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