Kundan Yadav v. The State Of Bihar
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 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. 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.
3. 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.
4. 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.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. 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, 1st, 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