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Patna High Court

Ashutosh Kumar Yadav @ Ashutosh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail, holding that the seriousness of the offences and prima facie evidence against the petitioner preclude grant of bail.

Summary

The petitioner, Ashutosh Kumar Yadav, applied for regular bail in a case registered under Sections 126(2), 115, 64, 108, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was innocent of the alleged molestation of a girl that led to her suicide. The prosecution argued that there is prima facie material indicating the petitioner's involvement and that the allegations are grave. The petitioner’s counsel contended that he has been in custody since 26‑04‑2026 and maintains his innocence. The court examined the seriousness of the offences and the presence of prima facie evidence. Concluding that the nature and gravity of the offences warranted denial of bail, the court dismissed the regular bail application, noting that its observations are limited to the bail application and will not affect the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner in light of the serious offences alleged under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • prima facie evidence
  • serious offences
  • Bharatiya Nyaya Sanhita
  • molestation
  • suicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43155 of 2026
                         Arising Out of PS. Case No.-20 Year-2026 Thana- JIRADEI District- Siwan
                 ======================================================
                 Ashutosh Kumar Yadav @ Ashutosh Yadav S/O Om Prakash Yadav R/O Vill.-
                 Mukundpur, P.S- Ziradei,Dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Irshad Ahmad Khan
                 For the Opposite Party/s :        Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Zeradei P.S. Case No. 20 of 2026 registered for the offence

                   under Sections 126(2), 115, 64, 108, 352, 351(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. According to the prosecution, the petitioner, along

                   with others, is alleged to have molested the victim girl and

                   because of the highhandedness of the accused persons, the

                   victim committed suicide.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 26.04.2026.

                                5. Per contra, learned counsel for the State
            Patna High Court CR. MISC. No.43155 of 2026(2) dt.02-07-2026
                                                        2/2




                      vehemently opposes the bail application and submits that the

                      allegations against the petitioner are serious and grave in nature.

                      It is contended that there exists prima facie material against the

                      petitioner indicating his involvement in the commission of the

                      offence.

                                    6. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      dismissed.

                                    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 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.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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