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Patna High Court

Kanchan Kumar Yadav @ Kanchan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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