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Patna High Court

Vinay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that bail should be granted to the petitioner.

Summary

Vinay Kumar Yadav, owner of a musical orchestra, was arrested for alleged exploitation of adult female dancers who performed obscene dances, under Sections 79, 111, 141 and 143 of the Bharatiya Nyaya Sanhita, 2023. The petitioner sought bail, arguing that the dancers were adults, he had no criminal record, and the offences did not carry death or life imprisonment. The State opposed bail, contending that the petitioner was the directing mind behind an organised exploitation scheme. The court examined the nature of the offences, the absence of minor victims, lack of evidence of a criminal syndicate, the petitioner’s clean record and the lengthy pre‑trial detention, and found no substantial risk of flight or tampering. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond and sureties, noting that its observations were prima facie and limited to the bail application.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 79, 111, 141 and 143 of the BNS.
  • Whether the alleged exploitation under Section 79 BNS is viable when the alleged victims are adult women.
  • Whether Section 111 BNS applies in the absence of a demonstrable organised criminal network.
  • Whether the nature and severity of the offences justify denial of bail.

Legislation cited

Subjects

  • bail
  • exploitation
  • unlawful assembly
  • organized crime
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention
  • adult victims
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18148 of 2026
                     Arising out of PS. Case No.-356 Year-2025 Thana- DUMARIAGHAT District- East
                                                        Champaran
                 ======================================================
                 Vinay Kumar Yadav Son of Motilal Rai Resident of Village- Benipur, P.S.-
                 Keshariya, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar, Adv.
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   27-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in connection with

                   Dumariya Ghat P.S. Case No. 356 of 2025, registered for

                   offences under Sections 79, 111, 141 and 143 of the Bharatiya

                   Nyaya Sanhita, 2023 (hereinafter “BNS”).

                               3. The prosecution case, as disclosed from the first

                   information report, is that the petitioner was the owner of a

                   musical orchestra group. On a police raid conducted upon

                   receipt of information, it was found that female dancers had

                   been engaged ostensibly for the purpose of performing classical

                   dance, but were allegedly made to perform obscene dances at

                   the venue. The petitioner, being the proprietor of the said
    Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026
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orchestra, has been attributed with being instrumental in the

commission of the said acts. Sections 141 and 143 of the BNS

pertain to the commission of, and membership in, an unlawful

assembly, while Section 79 addresses the exploitation of a

person for a wrongful purpose, and Section 111 deals with

organised crime. It is to be noted that none of the offences

alleged against the petitioner are punishable with death or

imprisonment for life, and the charges, as framed, do not

disclose the commission of any offence of an aggravated or

heinous nature.

         4. Learned counsel for the petitioner submits that upon

inquiry, all the female dancers have been found to be adults and

have since been released by the concerned authority. It is

submitted that the petitioner was merely operating the orchestra

as a commercial enterprise, and the female performers were

adults who had apparently consented to participate in the

programme. It is further submitted that the petitioner has no

criminal antecedent whatsoever and has been in custody since

13.12.2025, having thus undergone a period of incarceration of

approximately five and a half months.

         5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail, contending that the
     Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026
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nature of the allegations discloses a deliberate and organised

attempt to exploit female performers under the guise of a

legitimate cultural programme, and that the petitioner, as the

owner of the orchestra, was the directing mind behind the

enterprise.

          6. Having heard the learned counsel for the parties and

having perused the record, this Court is of the considered view

that the following circumstances, taken together, weigh in

favour of the petitioner at this stage. First, none of the alleged

victims were found to be minors; they were all adults, and have

since been released without any adverse finding. The element of

exploitation, which is the gravamen of Section 79 of the BNS, is

therefore rendered prima facie weak in the absence of any

vulnerable victim or continuing harm. Second, the offences

alleged, while serious in nature, do not carry the maximum

punishment of death or imprisonment for life, and the

accusation does not involve violence, use of arms, or any act

endangering public order to a degree that would disentitle the

petitioner from the consideration of bail. Third, the applicability

of Section 111, which pertains to organised crime, requires a

nexus with a criminal syndicate or organised criminal activity as

defined under the BNS; at this prima facie stage, the record does
      Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026
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not disclose any such organised criminal network to which the

petitioner is said to belong. Fourth, the petitioner has no

criminal antecedent and has been in custody since 13.12.2025. A

clean criminal record and a substantial period of pre-trial

detention are relevant factors to be weighed in the exercise of

the discretion to grant bail. Fifth, the female performers, who

are the alleged victims, have themselves been released, and

there is no material on record at this stage to suggest that the

petitioner poses a flight risk or is likely to tamper with evidence

or influence witnesses. In these circumstances, this Court is

inclined to enlarge the petitioner on bail.

           7. Let the petitioner, above named, be released

on bail on furnishing bail bonds of Rs. 10,000/-

(Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of the learned court of

the    District       &     Additional          Sessions        Judge-cum-

Exclusive Special Judge (Rape & POCSO Cases), East

Champaran at Motihari, in connection with Dumariya

Ghat P.S. Case No. 356 of 2025.

            8. It is made clear that any observation made

herein is prima facie in nature and limited solely for

the purpose of             adjudication of             the    present   bail
               Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026
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           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.




                                          (Ansul, J)
Vikash/-

U      T


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