Kanhaiya Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Kanhaiya Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail in connection with Paliganj P.S. Case No. 60 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

Issue for consideration

Whether petitioner Kanhaiya Kumar should be enlarged on regular bail in connection with Paliganj P.S. Case No. 60 of 2025 (offences under Sections 338, 336(3), 318(4), 303(2), 317(4) and 3(5) of the B.N.S., 2023).

Court's answer

Considering the facts and circumstances of the case, mainly the petitioner's young age and his custody period, the court is inclined to grant the relief of bail.

Ratio / Principle

Petitioner directed to be enlarged on bail in connection with Paliganj P.S. Case No. 60 of 2025 on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the Court concerned.

Detailed headnote1 paragraphs

BAIL GRANTED. Kanhaiya Kumar v. The State of Bihar, High Court of Judicature at Patna, Criminal Miscellaneous No. 27381 of 2025, oral order dated 06-05-2025 by Shailendra Singh, J. Petitioner, stated by counsel to be 19 years old, sought regular bail in Paliganj P.S. Case No. 60 of 2025 (dated 04.02.2025, District Patna) under Sections 338, 336(3), 318(4), 303(2), 317(4) and 3(5) of the B.N.S., 2023; the matter concerns recovery of motorcycles suspected stolen, with only one motorcycle alleged recovered from his conscious possession. Parity was urged: co-accused Pappu Kumar had been granted bail by a co-ordinate bench of this Court (order dated 24.04.2025 in Cr. Misc. No. 22986 of 2025) and co-accused Vikky Kumar and Premjeet Kumar @ Sonu by the trial court; the petitioner's lone antecedent case relates to the same motorcycle. Learned APP for the State opposed the prayer. Considering the facts and circumstances, mainly the petitioner's young age and custody period since 05.02.2025, the court granted bail: enlargement on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the Court concerned.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27381 of 2025

Arising Out of PS. Case No.-60 Year-2025 Thana- PALIGANJ District- Patna

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

Kanhaiya Kumar Son of Sanjay Mochi Village- Shahar Rampur, P.S.Piplawan, Dist. -Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 06-05-2025

Heard Mr. Rajesh Kumar Singh, learned counsel

for the petitioner and Mr. Mukesh Kumar Singh, learned APP for the State.

The petitioner seeks regular bail in connection with Paliganj P.S. Case No. 60 of 2025 dated 04.02.2025 registered for the offence(s) punishable under Section(s) 338, 336(3), 318(4), 303(2), 317(4) and 3(5) of the B.N.S., 2023.

The main submissions advanced by the petitioner's counsel are that the petitioner is a 19 years old person and the instant matter relates to the recovery of motorcycles and the same were suspected to be stolen and only one motorcycle is alleged to have been recovered from the conscious possession of this petitioner, co-accused namely, Pappu Kumar has been granted bail by the co-ordinate bench of this court vide order

Patna High Court CR. MISC. No.27381 of 2025(2) dt.06-05-2025 2/2

dated 24.04.2025 passed in Cr. Misc. No. 22986 of 2025 and two co-accused persons namely, Vikky Kumar and Premjeet Kumar @ Sonu carrying similar nature of allegation have been granted bail by the trial court itself. It is further submitted that though against the petitioner there is criminal antecedent of one case but it relates to the same motorcycle which is also subject matter of this case and the petitioner has been languishing in jail since 05.02.2025.

Learned APP appearing for the State has opposed the bail prayer of the petitioner.

Considering the facts and circumstances of this case and mainly petitioner's young age and his custody period, this court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Paliganj P.S. Case No. 60 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J)

Rajiv/-

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