Patna High Court
Kanchan Kumar Yadav @ Kanchan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of personal presence and a family member as bailor.
Summary
The petitioner, Kanchan Kumar Yadav, was charged with offences under Sections 341, 323, 354, 354A, 354B, 506 of the IPC and Sections 66E, 67 of the IT Act for allegedly intercepting a woman, forcibly disrobing her, assaulting her with a pistol butt, taking nude photographs and threatening her. An earlier bail application was rejected, with the court directing the petitioner to re‑apply after six months of custody and after charge‑framing. The petitioner satisfied those conditions and filed a fresh bail application. The court examined the seriousness of the allegations and the statutory provisions, and decided that bail could be granted with a cash bond of Rs.10,000 and two sureties, subject to the petitioner’s personal presence at every trial date and that one bailor be a family member. The bail order was pronounced, releasing the petitioner pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences alleged under the IPC and IT Act
- Whether the conditions stipulated in the earlier order (six months custody and framing of charge) have been fulfilled to permit bail
Legislation cited
- Indian Penal Code — s. 323, 341, 354, 354A, 354B, 506
- Information Technology Act — s. 66E, 67
Subjects
- bail
- IPC
- IT Act
- sexual assault
- privacy violation
- criminal intimidation
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19048 of 2026
Arising Out of PS. Case No.-250 Year-2022 Thana- HALSI District- Lakhisarai
======================================================
Kanchan Kumar Yadav @ Kanchan Kumar S/o- Raj Kumar Yadav R/o -
Sibsona @ Sea Soa, P.S - Halsi, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Prakash
For the Opposite Party/s : Mr. Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner as well as
learned APP appearing on behalf of the State.
2. The petitioner has filed the instant application for
grant of regular bail in a case registered for the offences
punishable under Sections 341, 323, 354, 354(A), 354(B), 506
of Indian Penal Code and Sections 66(E), 67 of I.T. Act.
3. The prosecution case, in brief, is that while the
informant was returning from her coaching class, the petitioner
intercepted her and forcibly disrobed her. On her protest, he
allegedly assaulted her with the butt of a pistol and took nude
photographs of her. It is further alleged that the petitioner
threatened her with dire consequences if she disclosed the
incident to anyone.
4. Earlier, vide order dated 17.01.2026, the prayer for
Patna High Court CR. MISC. No.19048 of 2026(2) dt.18-03-2026
2/2
bail of the petitioner was rejected with liberty granted to the
petitioner to renew the prayer for bail after completion of six
months of custody and upon framing of charge.
5. As both the conditions have been fulfilled by the
petitioner, let the petitioner, above named, be released on bail 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, III, Lakhisrai in
connection with Halsi P.S. Case No. 250 of 2022 subject to the
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
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