Patna High Court
Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 307, 323, 325, 326, 34, 341, 354A
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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