Patna High Court
Chunnu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Chunnu Yadav, was charged under multiple provisions of the Bihar Penal Code, the POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly inappropriately touching an informant. The prosecution relied on the victim’s statement under Section 183 of the Bihar Negotiable Something Statute, asserting that the petitioner committed the alleged offences. The petitioner, a student with no prior criminal record, pleaded innocence and sought regular bail, arguing that he had been falsely implicated and had been in judicial custody since 25‑09‑2025. The State opposed the bail on the ground of the seriousness of the offences. After hearing both sides, the Court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge handling the POCSO case.
Issues considered
- Whether regular bail can be granted in offences punishable under sections 74, 75, 78, 352, 351(2) of the Bihar Penal Code, section 8 of the POCSO Act and sections of the SC/ST Act.
- Whether the evidence, including the victim’s statement under Section 183, justifies denial of bail.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bihar Negotiable Something Statute — s. 183
- Bihar Penal Code — s. 351(2), 352, 74, 75, 78
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(I)(da), 3(I)(Gha), 3(I)(w)
Subjects
- regular bail
- POCSO
- sexual assault
- SC/ST Act
- Bihar Penal Code
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14507 of 2026
In
CRIMINAL APPEAL (SJ) No.4532 of 2025
Arising Out of PS. Case No.-287 Year-2025 Thana- AMNAUR District- Saran
======================================================
Chunnu Yadav Son of Kashi Ray @ Kashinath Ray Resident Of Village -
Balua Narayanpur, Ps- Amnaur, Dist- Saran at Chhapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o- YYY Resident Of Village - Bagahi, Ps- Amnaur, Dist- Saran at
Chhapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
7 23-06-2026 Despite service of notice no one has appeared on behalf
of the O.P. No. 2.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner has prayed for regular bail in a case
registered for the offences punishable under sections 74, 75, 78,
352, 351(2) of BNS and under section 8 of POCSO Act and under
sections 3(I) (w), 3(I) (Gha), 3(I) (da) of SC. ST. Act.
4. The case of the prosecution is that the petitioner has
inappropriately touched the informant.
5. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.14507 of 2026(7) dt.23-06-2026
2/2
falsely been implicated in this case and during the investigation,
victim has given her statement under Section 183 of BNSS wherein
she has supported the case of the prosecution and from the statement
of the victim, it is clear that the petitioner has inappropriately
touched the informant. Petitioner is a student and he is having no
criminal antecedents. Moreover, he is languishing in judicial
custody since 25.09.2025.
6. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Amnour P.S. Case No. 287 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of Learned Court of Exclusive Special Judge
POCSO-cum-Additional Sessions Judge Saran at Chhapra.
(Ashok Kumar Pandey, J)
Sneha/-
Dolly/-
U T
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