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Patna High Court

Kesho Yadav @ Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Kesho Yadav, was arrested in connection with offences under Sections 74, 75, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleged to involve teasing of girls. The petition contended that the FIR was vague, no specific victim complaint was recorded, and the case stemmed from personal enmity between neighbours. The State opposed bail citing the petitioner’s criminal antecedents, while the second opposite party did not oppose the bail application. The court noted the lack of specificity in the FIR, the filing of a charge‑sheet, and the absence of opposition from the second party. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to cooperation in the trial.

Issues considered

  • Whether bail should be granted when the FIR is vague and lacks specific victim complaint
  • Whether the petitioner’s criminal antecedents justify denial of bail
  • Whether the filing of a charge‑sheet and lack of opposition from a co‑accused affect the bail decision

Legislation cited

Subjects

  • bail
  • vague FIR
  • enmity
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • section 183
  • teasing of girls

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27906 of 2026
                       Arising Out of PS. Case No.-64 Year-2026 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Kesho Yadav @ Krishna Kumar S/o Abdhesh Yadav @ Avadhesh Yadav R/o
                 Jaynagar, Bari Kabaiya, P.S. - Kabaiy, District - Lakhisarai.

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    X D/o Y R/o Village - Maa Kailash Nagar, Ward no. 31, P.S. - Kabaiya, Dist.
                 - Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mayank Bilochan, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
                 For the O.P. No.2        :        Mrs. Kusum Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   11-06-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the opposite party no.2 and learned APP for the State

                   through virtual mode.

                                    2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 74, 75, 351(2), 352 and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                    3. The allegation against the petitioner is that he

                   along with other co-accused persons were involved in several

                   illegal acts including teasing of girls.

                                    4. It is submitted by learned counsel for the

                   petitioner that the First Information Report is totally vague and

                   general in nature against the petitioner and other co-accused
Patna High Court CR. MISC. No.27906 of 2026(3) dt.11-06-2026
                                            2/3




          persons of having indulged in several illegal acts including

          teasing of girls. Neither any victim has made complain nor any

          specific occurrence has been referred to in the said F.I.R. Both

          the parties are co-villagers and next door neighbours and the

          present case has been filed only out of enmity as the father of

          the petitioner had filed a case against the father and brother of

          the informant. The statement of the victim recorded under

          Section 183 B.N.S.S. also discloses general and omnibus

          allegations against all the accused persons. Petitioner is in

          custody since 02.02.2026 and the charge-sheet has been

          submitted in this case.

                            5. Learned APP for the State opposes the bail

          petition on the ground of criminal antecedents. In response, it is

          submitted that all these cases have been filed at the instance of

          the informant. However, learned counsel for the opposite party

          no.2 does not oppose the bail petition and similar stand has

          been taken earlier which is noted in the bail rejection order.

                       6.    Taking      into     consideration   the   facts   and

          circumstances of the case and also considering the fact that the

          allegations made in the F.I.R. are totally vague in nature and

          charge-sheet has been submitted in this case, coupled with the

          fact that there is no opposition on behalf of opposite party no.2,

          the above named petitioner is directed to be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
            Patna High Court CR. MISC. No.27906 of 2026(3) dt.11-06-2026
                                                        3/3




                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Kabaiya P.S. Case No.64 of 2026,

                      subject to condition that petitioner will cooperate in the trial.

                                                    (Soni Shrivastava, J)

Trivedi/-
U       T


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