Patna High Court
Kundan Yadav @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the allegations were grave and the material evidence justified such denial.
Summary
The appellant, Kundan Yadav, was charged with theft, assault and electrocution leading to the death of a person, offences punishable under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He applied for anticipatory bail, which was rejected by the Special Judge. On appeal, the Patna High Court examined the prosecution's evidence and the seriousness of the allegations. Finding the charges grave and the material on record sufficient, the Court declined to grant anticipatory bail. The appeal was dismissed, but the appellant was permitted to surrender within four weeks and seek regular bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act given the seriousness of the alleged offences.
- Whether the evidence on record justifies the denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 190, 191(2), 191(3)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- criminal appeal
- murder
- SC/ST Act
- Bharatiya Nyaya Sanhita
- bail denial
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.102 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Kundan Yadav @ Kundan Kumar Son of Akhlaswar Yadav @ Aklesar Yadav
@ Akhileshwar Yadav @ Akhleswar Yadav Resident of Village- Tatwadih,
P.S.- Jhajha, District- Jamui
... ... Appellant/s
Versus
1. The State of Bihar
2. Rinku Devi @ Rinki Devi Wife of Late Purushottam Manjhi Resident of
Village- Bheriya, P.S.- Khaira, District- Jamui. At present R/o Village-
Baliyotand, P.S.- Jhajha, District- Jamui
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Brajesh Kumar Singh
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 01-07-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present appeal is directed against the order
dated 20.12.2025 passed by the learned District & Additional
Sessions Judge-I-cum-Special Judge, SC/ST, Jamui in A.B.P.
No. 1858 of 2025, arising out of Jhajha P.S. Case No. 464 of
2025, registered for the offences punishable under Sections 190,
191(2), 191(3), 109(1) and 103(1) of the Bharatiya Nyaya
Sanhita, 2023, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail
preferred on behalf of the appellant was rejected.
Patna High Court CR. APP (SJ) No.102 of 2026(4) dt.01-07-2026
2/2
3. As per the prosecution case, the appellant along
with other co-accused, on the allegation of theft, took the
deceased and one Vishal Manjhi with them and allegedly
subjected them to brutal assault and electrocution resulting in
the death of the deceased.
4. The allegations against the appellant are grave and
supported by the materials collected during investigation.
6. Having considered the materials available on
record, the nature and gravity of the allegations attributed to the
appellant, this Court is not inclined to grant the privilege of
anticipatory bail to the appellant.
7. Accordingly, the appeal stands dismissed.
8. However, the appellant is at liberty to surrender
before the concerned Court below within four weeks from today
and pray for regular bail, if so advised.
(Sandeep Kumar, J)
Shishir/-
U T
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