Patna High CourtCR. MISC./86938/2025disposed

Kanhaiya Kumar v. The State Of Bihar

2026-01-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86938 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- ALIPUR District- Gaya ====================================================== Kanhaiya Kumar S/O Binod Sharma @ Vinod Kumar R/O Vill.- Garaur Kespa, P.S.- Alipur, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate.

Mr. Mayank Raj, Advocate.

For the State :

Mr.Rajendra Nath Jha, APP.

For the Informant :

Mr. Praveen Kumar, Advocate.

Mr. Ayush Shekhar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Alipur P.S. Case No. 58 of 2025 registered for the offence punishable under Sections 305/331(4) of BNS.

3. As per the allegation made in the F.I.R., theft took place in the house of the informant by breaking the locks of the room, in which the accused stole several household articles from trunk and almirah.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.86938 of 2025(2) dt.16-01-2026 2/3 petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. Petitioner is not named in the F.I.R. Just because the petitioner is the co-villager, he has been roped in the present case on false accusation. Nothing has been recovered from the conscious physical possession of the petitioner.

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

6. Considering the nature of allegation made against the petitioner and the fact that the petitioner is not named in the F.I.R. and nothing has been recovered from conscious physical possession of the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gayajee in connection with Alipur P.S. Case No. 58 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.86938 of 2025(2) dt.16-01-2026 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T