Kanhaiya Kumar @ Kanhaiya Chaudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Kanhaiya Kumar @ Kanhaiya Chaudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: upon arrest or surrender before the Court below within six weeks, release on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Supaul, subject to the conditions laid down in Section 482 (2) of the B.N.S.S., 2023.

Issue for consideration

Whether anticipatory bail should be granted to the three petitioners, who apprehend arrest in connection with Kishanpur P.S. Case No. 253 of 2024 (District Supaul), instituted under Sections 127(1), 115(2), 118(1), 109, 303(2), 308(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioners are to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each.

Ratio / Principle

The release is subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023, with the bail bonds to be furnished to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 253 of 2024.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.32772 of 2025 (Sunil Dutta Mishra, J.; oral order dated 19-05-2025). Anticipatory bail granted to Kanhaiya Kumar @ Kanhaiya Chaudhari, Raghav Kumar @ Bhim Kumar and Prem Raj @ Arjun Yadav, who apprehended arrest in Kishanpur P.S. Case No. 253 of 2024 (District Supaul), instituted under Sections 127(1), 115(2), 118(1), 109, 303(2), 308(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023. Prosecution case: informant encircled while returning from a village fair, demanded extortion money and assaulted; Petitioner Nos. 1 and 3 allegedly used the butt of a gun and Petitioner No. 2 allegedly caused injury by sword. Defence relied on simple injuries per the medical report (hard and blunt substance), a compromise petition stated to have been filed by the informant, and criminal-antecedent disclosure (Petitioner No. 3 having one antecedent, on bail). Bail ordered upon arrest or surrender within six weeks, on bail bonds of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions in Section 482(2), B.N.S.S. 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32772 of 2025

Arising Out of PS. Case No.-253 Year-2024 Thana- KISHANPUR District- Supaul

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

Kanhaiya Kumar @ Kanhaiya Chaudhari S/o- Ratn Chaudhari resident of Village- Shripur Sukhasan P.S.- Kishanpur Dist- Supaul

Raghav Kumar @ Bhim Kumar S/o- Badri Yadav Village- Tulapatti P.S.Kishanpur Dist- Supaul

Prem Raj @ Arjun Yadav S/o- Tejnarayan Yadav Village- Tulapatti P.S.Kishanpur Dist- Supaul

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 19-05-2025

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 253 of 2024, instituted under Sections 127(1), 115(2), 118(1), 109, 303(2), 308(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case, when the informant was coming to home after attending village fair, accused persons including the petitioner encircled him and asked for extortion money and assaulted the informant. Allegation against Petitioner No. 1 and Petitioner No. 3 is that they assaulted the informant

Patna High Court CR. MISC. No.32772 of 2025(2) dt.19-05-2025 2/3

with the butt of the gun and Petitioner No. 2 caused him injury by sword.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. When all the parties were returning from the alleged fair, some scuffle took place between the parties but no serious injury was caused. He further submits that injury of the informant as per the medical report is simple in nature caused by hard and blunt substance. Medical report does not support the prosecution case. The informant on realizing his fault filed a compromise petition in the Court concerned. Petitioner Nos. 1 and 2 have no criminal antecedent. Petitioner No. 3 has one criminal antecedent in which he is on bail. Petitioners undertake to cooperate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.32772 of 2025(2) dt.19-05-2025 3/3

learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 253 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.)

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