Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73983 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== Kanhaiya Kumar, aged about 20 years, S/o Ajay Kumar Singh R/o VillageMubarakpur, P.S.- Mehus, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Section 137(2), 140(3), 3(5) of the B.N.S.

3. As per the allegation in the FIR, the petitioner along with other co-accused person has abducted the son of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that name of the petitioner has been transpired from the confessional statement of a co-accused person, namely, Rohit Kumar. He further submits that no

Patna High Court CR. MISC. No.73983 of 2025(2) dt.19-11-2025 2/3 incriminating article has been recovered from the possession of the petitioner. He further submits that investigation has already concluded and accordingly charge-sheet has been submitted but no TIP has been conducted by the Investigating Officer during the course of investigation. He further submits that similarly situated co-accused person, namely, Rohit Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 01.09.2025 passed in Criminal Miscellaneous No.34474 of 2025. He next submits that petitioner is in custody since 22.08.2025 and has got clean antecedents as stated in para3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner and also the fact that similarly situated co-accused person, namely, Rohit Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 01.09.2025 passed in Criminal Miscellaneous No.34474 of 2025, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.73983 of 2025(2) dt.19-11-2025 3/3 Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.72 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.

(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the informant shall be at liberty to take steps for cancellation of the bail bonds.

(Ramesh Chand Malviya, J) Harshita/- U T