Kanhaiya Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kanhaiya Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the Court below within six weeks, upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah/concerned Court, in connection with Bettiah Muffasil P.S. Case No. 21 of 2025, subject to the conditions laid down in Section 482 of the BNSS/438(2) of the Code of Criminal Procedure, 1973.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Bettial Muffasil P.S. Case No. 21 of 2025 instituted under Sections 25(9) of the Arms Act, should be granted anticipatory bail. +1 more

Court's answer

Considering the aforesaid facts, the anticipatory bail application is allowed: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah/concerned Court in connection with Bettiah Muffasil P.S. Case No. 21 of 2025.

Ratio / Principle

The case of the petitioner stands on a better footing than co-accused Diwakar Thakur @ Diwakar Kumar Thakur, who had been granted anticipatory bail by this Court in Cr. Misc. No. 25929 of 2025.

Key takeaways

The release on bail is made subject to the conditions laid down in Section 482 of the BNSS/438(2) of the Code of Criminal Procedure, 1973.ratio¶17

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Patna High Court, Sandeep Kumar, J., decided 17-02-2026): Petitioner Kanhaiya Kumar apprehended arrest in Bettial/Bettiah Muffasil P.S. Case No. 21 of 2025 instituted under Sections 25(9) of the Arms Act. There was no allegation against the petitioner in the FIR; his name surfaced during investigation as being present at the time of occurrence. Co-accused Diwakar Thakur @ Diwakar Kumar Thakur had already been granted anticipatory bail by the same Court in Cr. Misc. No. 25929 of 2025, and the petitioner's case was held to stand on a 'better footing'. On arrest or surrender within six weeks, petitioner ordered released on bail bonds of Rs.10,000/- with two sureties of the like amount each to the learned CJM, West Champaran, Bettiah/concerned Court, subject to conditions under Section 482 BNSS/438(2) CrPC 1973.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31719 of 2025

Arising Out of PS. Case No.-21 Year-2025 Thana- MUFFASIL District- West Champaran

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

Kanhaiya Kumar S/o Rajendra Raut Resident of Village- Ghusukpur, P.S.Kalibagh, District- West Champaran

... ... Petitioner/s

Versus

3 17-02-2026

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Aashi Wats, Advocate Ms.Mili Kumari, Advocate Ms. Shambhawi, Advocate For the State : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

... ... Opposite Party/s

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends arrest in connection with Bettial Muffasil P.S. Case No. 21 of 2025 instituted under Sections 25(9) of the Arms Act.

There is no allegation against the petitioner in the FIR. Subsequently, his name has come during investigation that he was also present at the time of occurrence. One co-accused namely, Diwakar Thakur @ Diwakar Kumar Thakur has been granted anticipatory bail by this Court in Cr. Misc. No. 25929 of 2025. The case of the petitioner stands on a better footing then Diwakar Thakur @ Diwakar Kumar Thakur.

Considering the aforesaid facts, this application is

Patna High Court CR. MISC. No.31719 of 2025(3) dt.17-02-2026 2/2

allowed.

Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah/ concerned Court in connection with Bettiah Muffasil P.S. Case No. 21 of 2025, subject to the conditions laid down in Section 482 of the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J)

P. Kumar

U T