Allowed¶21

Krishnandan Kumar v. The State of Bihar

Patna HC14 Nov 2025CR. MISC./23639/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 23639 of 2025, order dated 14-11-2025, Justice Rajiv Roy — bail allowed under sections 306(6) Bharatiya Nyaya Sanhita in Kalyanpur P.S. Case No. 250 of 2024, East Champaran; second application after rejection of Cr. Misc. No. 84735 of 2024 on 12.12.2024; custody since 11.09.2024; charges framed, prosecution-evidence stage; bail bond Rs. 10,000 with two sureties; conditions include monthly police-station reporting for one year and trial attendance.

What did the court decide?

Release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned 12th Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 250 of 2024, subject to five stated conditions.

Krishnandan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 11.09.2024 in Kalyanpur P.S. Case No. 250 of 2024 (sections 306(6), Bharatiya Nyaya Sanhita), should be released on bail.

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Court's answer

Taking into account the submissions of the parties, the framing of charges, and that the petitioner has remained in custody since 11.09.2024, the Court is inclined to extend to him the privilege of bail.

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Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the 12th Additional Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions including a family-member/relative bailor with bona fide document, appearance on every trial date (failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court), monthly police-station attendance for one year with a certificate thereafter, abstention from inducing/threatening witnesses or tampering with evidence, and desistance from further criminal offences.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rajiv Roy, J), order dated 14-11-2025, allows the second bail application of Krishnandan Kumar in Kalyanpur P.S. Case No. 250 of 2024 (East Champaran) registered on 01.08.2024 for offence under sections 306(6) of the Bharatiya Nyaya Sanhita. His earlier application in Cr. Misc. No. 84735 of 2024 had been rejected on 12.12.2024. Charges stand framed and trial is at the prosecution-evidence stage; petitioner in custody since 11.09.2024. Bail granted on bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the 12th Additional Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions: one bailor to be a family member/relative furnishing official bona fide document; appearance on every trial date with cancellation of bail bond by the Trial Court itself on absence for two consecutive dates without plausible reason; monthly police-station attendance for one year with certificate to the Trial Court; no inducement/promise/threat to witnesses or tampering with evidence; and desistance from further criminal offences, failing which the State may seek cancellation of bail bonds.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23639 of 2025

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Arising Out of PS. Case No.-250 Year-2024 Thana- KALYANPUR District- East Champaran

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======================================================

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Krishnandan Kumar S/o Sikandra Sahani @ Sikandar Sahani R/o VillagePaithaniya, P.S.- Chakiya, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate : Mr. Hemant Rai, Advocate For the State : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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5 14-11-2025

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Heard Mr. Aman Kumar, learned counsel for the

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petitioner and Mr. Abhay Kumar, learned APP representing the State.

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The petitioner is in custody in connection with Kalyanpur P.S. Case No. 250 of 2024 for the offence punishable under sections 306(6) of the Bharatiya Nyaya Sanhita, lodged on 01.08.2024 by the informant, Ankit Kumar Singh.

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As per the prosecution story, the informant alleged that while coming home, two persons on motorcycle on the point of pistol, looted away the motorcycle, laptop, mobile phone, PAN Card, Aadhar Card, ATM Card and cash. This led to the F.I.R.

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Earlier, the petitioner moved before this Court in

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Patna High Court CR. MISC. No.23639 of 2025(5) dt.14-11-2025 2/3

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Cr. Misc. No. 84735 of 2024 which was rejected on 12.12.2024.

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A report was called for from the Trial Court according to which, charges have been framed and it is at the stage of prosecution evidence.

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Learned counsel for the petitioner submits that he has already suffered by being in custody since 11.09.2024, if granted bail, he shall be diligently appearing in trial and failure to do so, the court concerned can steps for cancellation of his bail bond.

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Learned APP opposes the prayer for bail.

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Taking into account the submissions of the parties as also that the charges have been framed, he has remained in custody since 11.09.2024, in that background, this Court is inclined to extend him the privilege of bail.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 12^th Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 250 of 2024 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official

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Patna High Court CR. MISC. No.23639 of 2025(5) dt.14-11-2025 3/3

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document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date

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before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every months for one year to mark his attendance and at the end of the period a certificate be submitted before the Trial Court;

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

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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vinayak/-

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U T

Krishnandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Krishnandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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