Kundan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kundan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on regular bail after framing of charge on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Jhanjharpur, Madhubani, subject to conditions of attendance at trial on every date (bond cancellable on two consecutive unexplained absences) and one bailor being a family member.

Issue for consideration

Whether the petitioner, in judicial custody since 03.07.2025 in R.S. Jhanjharpur P.S. Case No. 64 of 2025 registered under Sections 25(1-b)(a), 26 and 35 of the Arms Act, should be released on regular bail.

Court's answer

Application allowed: keeping in view the facts and the period under custody, the petitioner is to be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Jhanjharpur, Madhubani, in connection with R.S. Jhanjharpur P.S. Case No. 64 of 2025.

Ratio / Principle

Bail is subject to conditions: (i) the petitioner will remain physically present in trial on each and every date till disposal of the case, failing which, on two consecutive dates without reasonable cause, the Trial Court may cancel his bail bond; (ii) one of the bailors shall be his family member.

Detailed headnote1 paragraphs

Bail granted conditionally. The Patna High Court (S. B. Pd. Singh, J) allowed Criminal Miscellaneous No.77852 of 2025 filed by Kundan Yadav, accused in R.S. Jhanjharpur P.S. Case No. 64 of 2025 (District Madhubani) under Sections 25(1-b)(a), 26 and 35 of the Arms Act, arising from the alleged interception of a motorcycle on Berma–Tamuria Road on 02.07.2025 and recovery of a country made pistol and a mobile phone from his possession. Considering the period of custody (since 03.07.2025), the Court directed release on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Jhanjharpur, Madhubani, subject to conditions that the petitioner attend trial on each and every date till disposal (bail bond cancellable on two consecutive unexplained absences) and that one bailor be a family member. Counsel had pointed out that co-accused Saddam Khan had been granted bail by a Co-ordinate Bench vide order dated 24.12.2025 in Cr. Misc. No. 74776 of 2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77852 of 2025

Arising Out of PS. Case No.-64 Year-2025 Thana- RS P.S. District- Madhubani

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

Kundan Yadav S/o Mahendra Yadav R/o Village- Gangapur, Ward No.9, P.SLakhnaur, Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Hriday Narayan Harshit For the Opposite Party/s : Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

4 21-01-2026

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with R.S. Jhanjharpur P.S. Case No. 64 of 2025 registered for the offences punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

The prosecution case is that on 02.07.2025, based on secret information the police intercepted a motorcycle on Berma–Tamuria Road. Upon being signaled to stop, the accused persons attempted to flee, lost balance, overturned, and all three riders were apprehended. During search, from the possession of present petitioner one Oppo

Patna High Court CR. MISC. No.77852 of 2025(4) dt.21-01-2026 2/3

mobile phone and a country made pistol has been recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no such occurrence, as alleged, has taken place and the entire prosecution version is false, fabricated, and wholly concocted. Other co-accused namely Saddam Khan has been granted bail by a Co-ordinate Bench of this Court vide order dated 24.12.2025 in Cr. Misc. No. 74776 of 2025. Petitioner is languishing in judicial custody since 03.07.2025.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1^st , Jhanjharpur, Madhubani in connection with R.S. Jhanjharpur P.S. Case No. 64 of 2025 subject to the

Patna High Court CR. MISC. No.77852 of 2025(4) dt.21-01-2026 3/3

following conditions :-

(i). Petitioner will remain physically present in

trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member.

(S. B. Pd. Singh, J)

Ankit Kumar/-

U T