Patna High Court
Kundan Raj @ Kundan Kumar @ KundanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, ordering his release on bond with conditions.
Summary
The petitioner, Kundan Raj, was arrested in connection with a case registered under sections 304B and 34 of the Indian Penal Code for alleged dowry death. He had been in custody since 21 February 2025, and only one of the seven witnesses had been examined, raising concerns about a delayed trial. The petitioner’s counsel argued that he was falsely implicated and that his right to a speedy trial was being violated. The State opposed the bail application, but the court noted the prolonged detention and lack of progress in the trial. Consequently, the court allowed the bail application, ordering the petitioner’s release on a bond of Rs. 10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether bail should be granted to the petitioner given the delay in trial and his right to a speedy trial under criminal law
- Whether the circumstances warrant the court’s discretion under Section 436 of the CrPC to release the accused on bail
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- IPC 304B
- dowry death
- speedy trial
- criminal procedure
- pre-trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7099 of 2026
Arising Out of PS. Case No.-200 Year-2023 Thana- HALSI District- Lakhisarai
======================================================
Kundan Raj @ Kundan Kumar @ Kundan Son of Krishnandan Prasad Singh
@ Krishnandan Singh Resident of Village- Chkandipur, Post- Warsiliganj,
P.S.- Warsiliganj, District- Nawada and At Present- Professor Colony near
Jakhraj Asthan, P.S.- Sheikhpura and Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amritesh Kumar, Adv
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail.
3. The petitioner seeks bail in connection with Halsi
P.S.Case No. 200 of 2023 registered for the offence punishable
under sections 304B,34 of the Indian Penal Code
4. Petitioner is in custody since 21.02.2025.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner is in custody since
21.02.2025 and out of 7 witnesses only one witness has been
examined in the trail. He further submits that petitioner has a
Patna High Court CR. MISC. No.7099 of 2026(2) dt.16-02-2026
2/2
right to speedy trial and he cannot be in custody indefinitely.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the submissions of the parties. Earlier
the prayer for bail of the petitioner was rejected but considering
the period of custody and delay in trial, this application is
allowed.
8. 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 the learned
court below/concerned Court in connection with Halsi P.S.Case
No. 200 of 2023, subject to the condition that the petitioner will
co-operate in the trial personally or through lawyer.
(Sandeep Kumar, J)
N.K/-
U T
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