Patna High Court

Hazari Yadav @ Hazari KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The petition for pre‑arrest bail was denied.

Summary

The petitioner, Hazari Yadav, sought pre‑arrest bail after being implicated in a case alleging rape under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. The prosecution alleged that the petitioner forcibly took the victim to a brick kiln and had sexual intercourse with her, and the victim’s re‑statement supported this claim. The petitioner contended innocence, claiming a clean antecedent and false implication. The State opposed the bail application, emphasizing the seriousness of the offences. The Patna High Court, after hearing counsel, considered the gravity of the charges and rejected the petition for bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged rape under IPC 376 and POCSO Act Section 4

Legislation cited

Indian Penal Code — s. 376
Protection of Children from Sexual Offences Act — s. 4

Subjects

pre‑arrest bail
rape
IPC 376
POCSO Act
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71376 of 2025
                    Arising Out of PS. Case No.-75 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Hazari Yadav @ Hazari Kumar S/O Dinesh Yadav R/o Mohalla- Masdi, P.S.-
                 Sultanganj, Distt.- Bhagalpur
                                                                       ... ... Petitioner
                                                Versus
           1.     The State of Bihar Patna
           2.    Victim X D/O Subhash Mandal R/o Mohalla- Jahangira Kali Sthan, P.O. and
                 P.S.- Sultanganj, Distt.- Bhagalpur-813213

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Rana Hason, Shehan Ashraf, Advocates
                 For the Opposite Party/s :       Mr.Umanath Mishra, A.P.P.
                                                  Mr. Subodh Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   04-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under section 376 of the IPC and section

                   4 of the POCSO Act.

                                3. As per the prosecution case, informant/victim

                   alleged that this petitioner forcibly took her near the brick kiln

                   and made physical relation with her. In the re-statement, she

                   has supported the prosecution case.

                                4. It is submitted on behalf of the petitioner that this

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner claim clean antecedent.

                                5. Learned counsel for the State opposes the prayer

                   for pre-arrest bail.
               Patna High Court CR. MISC. No.71376 of 2025(5) dt.04-02-2026
                                                           2/2




                                      6. Considering the nature and gravity of the offence,

                         prayer for bail of the petitioner is rejected.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T

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