Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5816 of 2026 Arising Out of PS. Case No.-293 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Kanhaiya Kumar S/o Shivendra Singh @ Simindra Singh Resident of Village - Khushhal Tola, Ward No. 20, P.S. - Barahiya, District - Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 293 of 2024, instituted for the offences under Sections 96, 137(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that on 13.11.2024, daughter of the informant gone to attend her coaching class, but she did not return home. It is alleged that petitioner along with other co-accused kidnapped his minor daughter.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that co-accused Suraj Kumar had kidnapped the victim girl and petitioner, being friend of said Suraj Kumar

Patna High Court CR. MISC. No.5816 of 2026(2) dt.03-02-2026 2/2 has falsely been implicated in this case. In the statement recorded under Section 183 BNSS, the victim does not disclose anything against the petitioner. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barahiya P.S. Case No. 293 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) manish/- U T