Patna High Court

Hiraman YadavversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is refused.

Summary

The petitioner, Hiraman Yadav, sought anticipatory bail in a criminal case (PS Atri Case No. 239 of 2025) where he was accused of molesting a minor girl with a pistol. The prosecution alleged offences under multiple sections of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act. The court examined the seriousness of the alleged crimes, especially the sexual assault of a minor, and considered the statutory provisions governing anticipatory bail. Given the gravity and nature of the accusations, the court found no sufficient ground to grant bail in advance. Consequently, the anticipatory bail petition was refused.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the POCSO Act

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Protection of Children from Sexual Offences Act — s. 12, 8

Subjects

anticipatory bail
sexual assault
minor
Bharatiya Nyaya Sanhita
POCSO
high court
criminal law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.185 of 2026
                           Arising Out of PS. Case No.-239 Year-2025 Thana- ATRI District- Gaya
                  ======================================================
                  Hiraman Yadav S/O Late Karu Yadav R/O Village- Narawat, P.S- Atri, Distt.-
                  Gaya.
                                                                        ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     A Ashok Yadav Resident of Village- Narawat, Police Station- Atri, Distt.-
                   Gaya.
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Vishwa Ranjan Choudhary, Advocate
                  For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-01-2026                   Heard learned counsel for the petitioner and the State.
                                 2. Petitioner apprehends arrest in Atri P. S. Case No.
                    239 of 2025 registered for the offences punishable under
                    Sections 126(2), 115(2), 117(2), 74, 109, 303(2), 352, 351(2),
                    3(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of
                    the Protection of Children from Sexual Offences Act.
                                 3. As per prosecution case, on the alleged date and
                    time of occurrence, this petitioner on point of pistol molested
                    the victim girl while she was going to coaching. Victim is minor.
                                 4. Considering the nature of accusation and gravity of
                    the offence, prayer for anticipatory bail of the petitioner is
                    refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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