Patna High CourtCR. MISC./71079/2025bail granted

Kanhai Kumar @ Kanhai Thakur v. The State Of Bihar

2025-10-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71079 of 2025 Arising Out of PS. Case No.-802 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Kanhai Kumar @ Kanhai Thakur S/O Ajay Thakur Resident of - Bagmali, Gandhi Chowk, P.S. Hajipur Town, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 802 of 2025, instituted for the offences punishable under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that motorcycle of the informant went missing from outside of the Akshayvat Rai Stadium, Hajipur and he found that the petitioner was fleeing on his motorcycle. The informant chased and caught the petitioner with the stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.71079 of 2025(2) dt.09-10-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner. Name of the petitioner has transpired in this instant case on the basis of self-confession before the police and the same has got no evidentiary value. The petitioner is in custody since 01.07.2025 and has got four criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 802 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.71079 of 2025(2) dt.09-10-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T