Patna High Court
Krishna Kanhaiya @ SarkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail and ordered his release on bail with conditions.
Summary
Krishna Kanhaiya sought bail for offences under Sections 109 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He was not named in the FIR and had been in custody since 14 September 2025. The allegation against him stemmed solely from the confessional statement of co‑accused Prince Kumar, with no material evidence linking him to the crime. The court noted that the investigation was complete, a charge‑sheet had been filed, and Prince Kumar had already been granted bail. Considering the lack of incriminating evidence and the completed investigation, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether the petitioner is entitled to bail despite the allegation based only on a co‑accused's confessional statement
- Whether the completion of investigation and filing of charge‑sheet preclude the necessity of continued custody
- Whether the lack of material evidence against the petitioner justifies bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 3(5)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- confessional statement
- arms act
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Criminal Procedure Code
- investigation
- charge-sheet
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8974 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Krishna Kanhaiya @ Sarkar, Son of Akhilesh Kumar Singh, Resident of
Village - Senduari, P.S.- Sadar Hajipur, District - Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Rajapakar P.S. Case No.105 of 2025 registered for the
offences punishable under Sections 109 read with 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’) and Section
27 of the Arms Act.
3. The accused/petitioner is not named in the FIR
and is in custody since 14.09.2025.
4. Allegation against petitioner is to cause gunshot
injury on the neck of the informant along with other co-
accused persons out of which, he became unconscious on the
spot itself. The occurrence took place on 20.03.2025 at about
Patna High Court CR. MISC. No.8974 of 2026(2) dt.12-02-2026
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8 PM while informant was in his clinic.
5. It is submitted by learned counsel appearing for
petitioner that the name of petitioner transpired on the basis
of confessional statement of co-accused Prince Kumar, in
furtherance of which, no incriminating material appears
recovered/surfaced during investigation as to connect
petitioner with present crime in question and moreover said
co-accused Prince Kumar has already granted bail by this
Court through Cr. Misc. No.30.10.2025 dated 30.10.2025.
The petitioner has not put on T.I.P. as yet. While concluding
argument, it is submitted that investigation of this case is
already completed, for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with
the evidence and moreover petitioner found involved in two
more criminal cases, where he is on bail.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as thrust of allegation of firing is available
against co-accused Prince Kumar, where petitoner appears
Patna High Court CR. MISC. No.8974 of 2026(2) dt.12-02-2026
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implicated prima facie with suspicion arising out of
confessional statement of apprehended co-accused Prince
Kumar, coupled with the fact that investigation of this case is
already completed, where petitioner remains in custody since
14.09.2025, accordingly, the petitioner, above-named, is
directed to be released on bail furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Vaishali at Hajipur in connection with Rajapakar P.S. Case
No.105 of 2025, subject to the conditions as laid down under
Section 437(3) of the Code of Criminal Procedure (for short
‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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