Kanhaiya Kumar @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49283 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- PACHMAHLA District- Patna ====================================================== Kanhaiya Kumar @ Rajesh Kumar S/o Late Ganesh Singh @ Ganesh Prasad Singh R/o Village and P.S.- Hathidah, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmod Kumar For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Pachmahla P.S. Case No. 03 of 2025 dated 22.01.2025 registered for the offences punishable u/ss 126(2), 115(2), 109(1), 308(5), 308(4), 352 read with section 3(5) of the BNS.
3. As per the prosecution case, the informant was working as a Munshi (clerk) at a brick kiln situated in Khutaha Dih, owned by Mantu Singh, and was receiving a monthly remuneration of Rs. 13,000. It is further alleged that from 01.06.2022, the operations of the brick kiln were taken over by Sonu Kumar and Monu Kumar. As both persons were of a
Patna High Court CR. MISC. No.49283 of 2025(2) dt.18-08-2025 2/3 criminal background, the informant resigned from his job. However, they began pressurizing him to resume his duties as a clerk and through intimidation, compelled him to continue work. They avoided paying his full salary, providing only partial payments while compelling him to work. When the informant demanded his full wages, they gave threats. Upon his refusal to continue work, petitioner along with co-accused, Monu Kumar, Saurav Kumar and Gautam Kumar, all armed with deadly weapons, entered the informant's house and tried to forcibly take him outside. When the informant's wife, Heera Devi, resisted, they abused her and assaulted her with the butt of a pistol, causing serious injuries to her face, lips, and teeth. After assaulting, the co-accused Sonu Kumar demanded a ransom of Rs. 60 lakhs, threatening to kill the family if the amount was not paid. Before departing, they locked the house and warned that if the ransom was not paid within a week, the entire family would be killed.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The injury is stated to be simple in nature. Nothing has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.49283 of 2025(2) dt.18-08-2025 3/3 petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 23.04.2025 passed in Cr. Misc. No. 21740 of 2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Pachmahla P.S. Case No. 03 of 2025.
7. The application stands allowed (Chandra Prakash Singh, J) guddukr/- U T