Krishna Kanhaiya @ Sarkar v. The State Of Bihar
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 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 coaccused 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 2/3 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 3/3 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