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
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 141, 143, 79
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
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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
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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
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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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