Patna High Court
Kanhaiya Kumar @ BadshahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioners, finding the evidence and seriousness of the offences sufficient to justify refusal.
Summary
The petitioners, Yadunandan Bind and his son Kanhaiya Kumar, applied for bail in a murder case filed under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act. The prosecution alleges that they, along with co‑accused, murdered the husband of an informant, citing CCTV footage that identifies them and a confession in which the petitioner admitted handing a pistol to a co‑accused who fired the fatal shot. The petitioners contend they have been falsely implicated, argue the absence of eye‑witnesses, and point to the post‑mortem report indicating multiple causes of death. The court considered the seriousness of the offences, the evidentiary material, and the petitioners’ criminal antecedents, and concluded that bail could not be granted at this stage. Consequently, the bail applications were rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a murder case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the CCTV identification and the accused's confession constitute sufficient grounds to deny bail.
- Whether the lack of eye‑witness testimony and the claim of false implication affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- bail
- murder
- Arms Act
- Bharatiya Nyaya Sanhita
- CCTV evidence
- confession
- criminal antecedents
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 65707 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
Yadunandan Bind @ Bhutkuniya Son of Late Bhudani Bind @ Bhudani Bind
Village -Rani, Rasulpur PS- Mehandiganj Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 66046 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
Kanhaiya Kumar @ Badshah S/o Yadunandan Bind @ Bhutkuniya R/o
Village - Ranipur, Rasulpur, P.S - Mehandiganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 65707 of 2025)
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 66046 of 2025)
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with
Mehandiganj P.S. case No. 27 of 2025, instituted for the
offences under Sections 103, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 25(1-b)a, 26, 27 and 35 of the Arms
Act.
3. Prosecution case, in short, is that petitioners along
Patna High Court CR. MISC. No. 65707 of 2025(4) dt.11-02-2026
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with other co-accused person named in the F.I.R. have
committed murder of husband of the informant.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
He further submitted that in course of investigation no eye
witnesses have come to support the prosecution version. He
further submitted that deceased died on 24.02.2025 and
postmortem was done on 25.02.2025 and the Doctor opined that
cause of death are Hemorrhage and shock, Injury No.1 caused
by fire arm and injury no.2 was due to hard and blunt
object/surface impact. No specific overt act is alleged against
the petitioners. Charge-sheet has been submitted in this case. It
has been submitted on behalf of the petitioners that the
petitioner in Criminal Miscellaneous No. 65707 of 2025 is in
custody since 26.02.2025 and has five criminal antecedents,
whereas petitioner in Criminal Miscellaneous No. 66046 of
2025 is in custody since 26.02.2025 and has four criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners. In course
of investigation, petitioners have been identified in CCTV
footage. The petitioners have confessed their guilt and stated
Patna High Court CR. MISC. No. 65707 of 2025(4) dt.11-02-2026
3/3
that Yadunandan Bind @ Bhutkuniya (Petitioner) has given
pistol to co-accused Gopal Kumar, who fired on the deceased.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offences, this Court is not
inclined to grant bail to the petitioners at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
(Rudra Prakash Mishra, J)
manish/-
U T
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