Patna High Court
Kanhaiya Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner on furnishing a bail bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Kanhaiya Kumar Yadav, was in custody for an alleged robbery of a cash bag amounting to Rs.8,61,062, charged under Section 392 of the Indian Penal Code. The prosecution highlighted his multiple prior criminal antecedents, while the petitioner argued that the trial was at a nascent stage and he would not engage in further criminal activity. The court examined whether bail could be granted despite the seriousness of the offence and the accused's history. It decided to release the petitioner on bail, requiring a bond of Rs.10,000 with two sureties and imposing strict conditions regarding court appearances, police attendance, non‑tampering with witnesses, and refraining from further offences. Failure to comply with any condition would lead to cancellation of the bail bond.
Issues considered
- Whether bail should be granted to an accused charged with robbery under Section 392 IPC who has prior criminal antecedents and has been in custody since 22.12.2023.
- Whether imposing conditions such as regular court and police attendance, non‑tampering with witnesses, and abstaining from further offences is sufficient to safeguard the trial.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- Criminal Procedure
- court conditions
- witness tampering
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91536 of 2025
Arising Out of PS. Case No.-572 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
Kanhaiya Kumar Yadav Son of Late Balkrishna Yadav @ Late Bal Krishan
Yadav R/V - Pipra PS - Saur Bazar, (Patarghat OP), Dist - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-02-2026 Heard the parties.
2. The petitioner is in custody in connection with S.T.
Case No. 132 of 2024 arising out of Saharsa Sadar P.S. Case No.
572 of 2023 for the offence punishable under section 392 of the
Indian Penal Code lodged on 14.08.2023, by the informant, Raj
Kumar Paswan.
3. As per the prosecution story, the informant alleged
that he works as a cash collection agent in Radiant Cash
Management Service Ltd. and on the fateful day, after collection
Rs.08,61,062/- kept it in a bag was hanging in the handle of his
motorcycle and as he was moving towards Punjab National
Bank, the accused intercepted and fled away with the bag.
Accordingly, the F.I.R.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91536 of 2025(3) dt.13-02-2026
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though he is in custody since 22.12.2023, the trial is at nascent
stage, he shall not indulge in any criminal activity and shall be
diligently appearing in trial.
5. Learned APP has drawn attention of this Court to
paragraph-03 to show that he has multiple criminal antecedent
against his belt.
6. Allegation is there, he also has criminal antecedent,
the fact remains that the trial has not taken its pace, he is in
custody 22.12.2023, an undertaking has been given as recorded
above, in that background, if however, he fails to abide by the
undertaking, the prosecution shall take immediate steps for
cancellation of bail bonds.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned District and
Additional Sessions Judge-II, Saharsa, in connection with S.T.
Case No. 132 of 2024 arising out of Saharsa Sadar P.S. Case No.
572 of 2023 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his bona fide;
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(ii) the petitioner 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;
(iii) the petitioner shall appear before the concerned
police station every fortnight till conclusion of the trial to mark
his attendance and at the end of the period a certificate be
submitted before the Trial Court failing which the State shall be
at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner 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 bonds;
(v) the petitioner 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.
(Rajiv Roy, J)
Ravi/-
U T
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