Patna High CourtCR. MISC./85116/2025bail granted

Kanhaiya Kumar v. The State Of Bihar

2026-01-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85116 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- ALIPUR District- Gaya ====================================================== Kanhaiya Kumar Son of Binod Sharma @ Vinod Kumar Resident of Village - Garaur Kespa, Police Station - Alipur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP For informant :

Mr. Praveen Kumar , Advocate Mr. Raju Kumar singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 303 ( 2 ) and 334 (1) of BNS.

3 . The prosecution case in brief, is that informant suspects that this petitioner committed theft of about 80 kg pulses from the mill of the informant.

4. It is submitted on behalf of the petitioners that informant is not an eye witness to the alleged occurrence and only suspicion has been raised against this petitioner. F.I.R. has been lodged after inordinate delay of 15 days for which there is no plausible explanation which itself creates doubt over the

Patna High Court CR. MISC. No.85116 of 2025(2) dt.06-01-2026 2/2 entire prosecution case . No stolen articles has been recovered from possession of this petitioner.

5 . Learned counsel for the State opposed the bail petition .

6 Considering the aforesaid facts and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VI Gayajee in connection with Alipur P.S. Case No. 98 of 2025 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T