Patna High Court
Kesho Yadav @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 351(2), 352, 74, 75
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/-
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