Kanhaiya Singh @ Kanhaiya Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10667 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- HASAN BAZAR District- Bhojpur ====================================================== Kanhaiya Singh @ Kanhaiya Ram S/O Gaya Singh R/O Village- Baisadih, P.S.- Piro, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandeep Jha, Advocate :
Ms. Niti Neha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2025 Heard Ms. Niti Neha, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Hasan Bazar P.S. Case No. 01 of 2024 for the offence under sections 191(2), 190, 115(2), 117(2), 126(2), 109, 303(2), 74, 352, 351(2) of the BNS lodged on 24.09.2024 by the informant, Ajay Shah.
3. As per the prosecution story, the informant alleged that the accused persons entered his house assaulted by farsa/lathi. Allegation against this petitioner is of giving farsa blow to the informant, while snatching of the amount and outraging the modesty is also attributed against accused Pramod Kumar. This led to the FIR.
4. Learned counsel for the petitioner submits that the FIR has been lodged after six days delay and the same has not
Patna High Court CR. MISC. No.10667 of 2025(3) dt.12-05-2025 2/3 been explained, the petitioner is 80 years old having no criminal antecedent. The injury has been found to be simple in nature. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs.10,000/- to the informant, Ajay Shah.
5. Learned APP opposes the prayer submitting that though is he 80 years old, the allegation is of giving farsa blow to the informant.
6. Taking into account the submissions of the parties as also the age of the petitioner coupled with the fact that there is delay in lodging the FIR, he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions, subject to the payment of Rs.10,000/- to the informant, Ajay Shah, by way of Demand draft issued by the local State Bank of India through the Trial Court after checking his credentials.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-IV, Ara, District-Bhojpur, in connection with Hasan Bazar P.S. Case No.01 of 2024 subject to
Patna High Court CR. MISC. No.10667 of 2025(3) dt.12-05-2025 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(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 for next six months to mark his attendance;
(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) anand/- U T