Patna High CourtCR. MISC./82432/2025bail granted

Kanhaiya Raut v. The State Of Bihar

2026-01-27Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82432 of 2025 Arising Out of PS. Case No.-397 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Kanhaiya Raut S/O Late Manbahali Raut R/O Vill.- Ojhawaliya, P.s- Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr.Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 12.09.2025 in connection with Bairiya P.S. Case No. 397 of 2025, F.I.R. dated 07.09.2025 registered for the offence punishable under Sections 103(1),238,3(5) of BNS.

3. The FIR of the occurrence of murder is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the secret information. Thereafter, the petitioner has confessed his guilt in the present occurrence

Patna High Court CR. MISC. No.82432 of 2025(3) dt.27-01-2026 2/3 and no one has seen the occurrence and except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. The police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 12.09.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of suspicion, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 397 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.82432 of 2025(3) dt.27-01-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T