Patna High Court
Ashutosh Kumar Yadav @ Ashutosh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 115, 126(2), 3(5), 351(2), 352, 64
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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