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Patna High Court

Rakesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted and dismissed the application.

Summary

The petitioner Rakesh Yadav sought anticipatory bail fearing arrest in a 2022 FIR (Barachatti PS case No.698) alleging offences under IPC sections 341, 323, 326, 307, 354(A), 325 and 34. The informant, Kavita Kumari, claimed the petitioner grabbed her, assaulted her father, and later, with armed accomplices, attacked family members, leading to the FIR. The petitioner contended that the allegations were omnibus and that he was not the main accused. The State argued that the petitioner was the principal perpetrator who attempted to outrage the woman’s modesty and assaulted her family. Considering the seriousness of the offences and the petitioner’s alleged central role, the court declined to extend anticipatory bail. Consequently, the bail application was rejected.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC should be granted to the petitioner given the nature of the alleged offences
  • Whether the petitioner is likely to tamper with evidence or abscond
  • Whether the FIR implicates the petitioner as the principal accused

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • outrage of modesty
  • bail rejection
  • criminal procedure
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17273 of 2026
                      Arising Out of PS. Case No.-698 Year-2022 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Rakesh Yadav S/O Basudeo Yadav R/O Village- Parsauhi, P.S- Mohanpur,
                 Distt.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Barachatti P.S. Case No. 698 of 2022,

                   registered for the offence under Sections 341, 323, 326, 307,

                   354(A), 325/34 of the Indian Penal Code lodged on 10.08.2022

                   by the informant, Kavita Kumari.

                                3. As per the prosecution story, the informant alleged

                   that as she had gone out to attend nature’s call, the petitioner

                   caught hold of her. As she screamed and the father came to

                   rescue allegation is that petitioner hit on the neck of her father

                   and escaped. Later, they came again with the family members,

                   armed variously and assaulted the informant’s family members

                   causing injuries. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only
            Patna High Court CR. MISC. No.17273 of 2026(2) dt.25-03-2026
                                                        2/2




                      omnibus allegation is against the accused persons including the

                      petitioner.

                                    5. Mr. Bharat Bhushan, learned APP, on the other

                      submit that creator of the entire story is petitioner who tried to

                      outrage the modesty of the lady and upon protest firstly he

                      assaulted the informant’s father and also assaulted to other

                      family members of the informant. later

                                    6. Considering the aforesaid facts and also the FIR is

                      of the year 2022, main role has been assigned to this petitioner,

                      in that background, this Court is not inclined to extend him

                      privilege of anticipatory bail.

                                    7. Accordingly, the bail application stands rejected.



                                                     (Rajiv Roy, J)
Ranjeet/-

U      T


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