Patna High Court
Prabhoo Yadav @ Prabhu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail petition, granting bail with conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, Prabhoo Yadav, was charged under Sections 126(2), 115(2), 74, 75, 352 and 3(5) of the B.N.S., 2023 for allegedly outraging the modesty of a ten‑year‑old girl and assaulting the victim’s father. He applied for bail, claiming innocence, lack of prior criminal record, and that no specific allegation beyond the modesty offence was made. The State opposed the bail, arguing the seriousness of the offences. The Court examined the bail petition, noting that the petitioner had not previously applied for anticipatory or regular bail and that he asserted no antecedents. Considering the circumstances, the Court granted bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023, including cancellation of bail if criminal antecedents are later discovered.
Issues considered
- Whether bail should be granted to the petitioner in offences punishable under Sections 126(2), 115(2), 74, 75, 352 and 3(5) of the B.N.S., 2023
- Whether the petitioner’s claim of no criminal antecedents and lack of prior bail applications affect the bail decision
- Whether conditions under Section 482(2) of the B.N.S., 2023 are appropriate for granting bail
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 352, 482(2), 74, 75
Subjects
- bail
- outraging modesty
- assault
- Section 482
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76351 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- KIUL District- Lakhisarai
======================================================
Prabhoo Yadav @ Prabhu Yadav S/O Tiloki Yadav R/O Village- Banshipur,
P.S.- Kiul, Distt.- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Moni Devi W/O Manish Pandey R/O Village- Banshipur, P.S.- Kiul, Distt.-
Lakhisarai (Fictious Name)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lalan Kumar, Advocate
For the State : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Kiul P.S. Case No. 30 of 2025, dated
27.04.2025, registered for the offences punishable under
Sections 126(2), 115(2), 74, 75, 352 and 3(5) of B.N.S., 2023.
3. As per allegation, modesty of a 10 year old
daughter of the informant was outraged by the petitioner while
she had gone to a shop and when the father of the victim went to
the house of accused-petitioner to complaint against his
conduct, he was assaulted and threatened.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.76351 of 2025(3) dt.23-02-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that as per the allegation, at most it is a
case of outraging the modesty. He also submits that no specific
allegation or overt act has been made in regard to any other
things.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Kiul P.S. Case No. 30 of 2025, subject to the conditions as
laid down under Section 482 (2) of the B.N.S.S 2023, and on
Patna High Court CR. MISC. No.76351 of 2025(3) dt.23-02-2026
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the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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