Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36964 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Kanhaiya Kumar S/o Late Laxmi Sah R/o Village- Raniganj Muhalla, Ward no 07, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjana Srivastava, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Chakia P.S. Case No. 135 of 2023 lodged on 12.04.2023 under Sections 395, 397 and 411 of the Indian Penal Code.
3. As per the prosecution, F.I.R. has been lodged against unknown accused persons. The allegation of bank dacoity at ICICI Bank has been made against the petitioner and other accused persons. It is alleged that four persons entered the bank premises, where a total of seven customers were present at the time. The allegation involves the looting of 48,03,760 and ₹ the snatching of a gold chain worth 30,000 from one of the ₹ customers. It has also been stated that four persons committed the robbery inside the bank, while one person remained outside.
Patna High Court CR. MISC. No.36964 of 2025(3) dt.06-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner's name has unnecessarily figured in this case. It is further submitted that the petitioner has one criminal case pending against him, and he has been made an accused in the present case at the instance of the police to cover up their failure in the investigation. He also submits that there is no eyewitness to the occurrence, nothing has been recovered from the possession of the petitioner, and his name has surfaced in this case solely on the basis of a confessional statement. Furthermore, he submits that the petitioner has been in custody since 28.02.2025.
5. Learned APP for the State vehemently opposes the prayer for bail and submits that the Sessions Court, in its rejection order, has given categorical findings that the petitioner is involved in the commission of the crime. It is further submitted that a looted tab of ICICI Bank has been recovered, and a seizure list has been prepared. He also submits that an amount of 2,00,000/- has been recovered from the house of the ₹ co-accused, Ranjit Kumar @ Ranjit Kushwaha @ Trivedi. It is further submitted that sufficient materials are available on record against the petitioner.
Patna High Court CR. MISC. No.36964 of 2025(3) dt.06-08-2025 3/3
6. In the present facts and circumstances of the case, and considering the submissions made above, as well as the fact that sufficient materials have been found against the petitioner in the case diary and part of the looted amount has been recovered from the house of the co-accused, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected. (Dr. Anshuman, J.) Aman Kumar/- U T