Patna High Court
Krishna Yadav @ KrishnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 480(3) of the BNSS.
Summary
Krishna Yadav was arrested in connection with a case registered under Sections 143(1), 76 and 3(5) of the IPC, Section 8 of the POCSO Act and Sections 75 and 79 of the Juvenile Justice Act, alleging trafficking of several girls. He has been in custody since 20 March 2025. The petitioner argued that the allegations were based only on suspicion, that the girls themselves stated they were merely rehearsing for a Saraswati Puja stage performance and denied any kidnapping or trafficking, and that he has a clean antecedent and the investigation is complete. The State opposed bail, contending the seriousness of the offences. The Court, noting the victims' statements and the long pre‑trial detention, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted in a case involving offences under the IPC, POCSO Act and Juvenile Justice Act despite allegations of human trafficking.
- Whether the statements of the alleged victim girls negate the charge of kidnapping and trafficking.
- Whether the petitioner poses a risk of flight or evidence tampering warranting denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Indian Penal Code — s. 143(1), 3(5), 76
- Juvenile Justice (Care and Protection of Children) Act — s. 75, 79
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- IPC
- POCSO
- Juvenile Justice
- human trafficking
- stage performance
- custody
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76930 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Krishna Yadav @ Krishna Son of Bhikan Yadav R/o - Nimuia, P.S.-
Nawalpur, Distt.- Betiya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv
: Mr. Saroj Kr. Choudhary, Adv
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Giriyak
(Pawapuri) P.S. Case No. 33 of 2025 registered for the offences
punishable under Sections 143(1), 76 and 3(5) of the IPC, Section
8 of the POCSO Act and Sections 75 and 79 of the Juvenile Justice
Act
3. The petitioner is named in the F.I.R. and is in custody
since 20.03.2025.
4. As per allegation available through FIR that several
girls major and minor were found with the petitioner and other co-
accused persons, where suspicion was raised by the informant who
is Sub-Inspector of police for their trafficking or to push them into
illegal activities of immoral trades. .
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.76930 of 2025(2) dt.06-02-2026
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submitted that merely on the basis of suspicion, petitioner
implicated with present case. It is pointed out that petitioner was
working with owner of the Orchestra Group and was present at the
time of raid and was apprehended by police. It is submitted that
after alleged recovery, the statement of victim girls were recorded
under Section 183 of BNSS, where they categorically stated that
she was practicing for stage performance on the occasion of
“Sarsawati Pooja” and completely negate the allegation of
kidnapping and any human trafficking for immoral activities. While
concluding the argument it is submitted that, petitioner is a man of
clean antecedent and moreover, investigation of this case has
already completed, and as such, there is no chance of tampering
with the evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of fact as alleged victim girls completely negate the allegation
of kidnapping and human trafficking as to push them into illegal
activities of immoral trade, rather they stated that they were
practicing for stage performance on occasion of “Sarsawati
Pooja”, coupled with the fact as petitioner remains in custody
since 20.03.2025, accordingly above named petitioner, is directed
Patna High Court CR. MISC. No.76930 of 2025(2) dt.06-02-2026
3/3
to be released on bail in connection with Giriyak (Pawapuri) P.S.
Case No. 33 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned 7th District Judge cum Special Judge,
POCSO, Biharsharif, Nalanda/concerned court, subject to the
conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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