Kanhaiya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30748 of 2026 Arising Out of PS. Case No.-208 Year-2025 Thana- UJIYARPUR District- Samastipur ====================================================== Kanhaiya Ram S/o Shivam Ram R/o Village - Shalampur @ Salempur, P.S - Bachhawara, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 208 of 2025 instituted for the offence under Sections 103(1), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. 3.

The prosecution case, in brief, is that the informant alleged that her son was shot dead by 4-5 unknown assailants, and that the murder was committed pursuant to a criminal conspiracy orchestrated by Manoranjan Giri due to prior personal enmity. It is further alleged that co-accused acted as facilitators, and that the deceased had been threatened with dire

Patna High Court CR. MISC. No.30748 of 2026(3) dt.21-07-2026 2/3 consequences shortly before the incident, including on the previous night.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.03.2026. Petitioner bears eight (8) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Murari Kumar and Prem Kumar. Save and except confessional statement of the petitioner, there is no material against the petitioner and also the same has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner by contending that petitioner is the real conspirator behind the alleged occurrence, hence, he does not deserve the privilege of bail.

7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.30748 of 2026(3) dt.21-07-2026 3/3 of the case, petitioner being the real conspirator behind the alleged occurrence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments (Rudra Prakash Mishra, J) Raj Kishore/- U T