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Patna High Court

Bhavesh Yadav @ Bhavesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted given the gravity of the offences.

Summary

The petitioner, Bhavesh Yadav, applied for regular bail in a case registered under Raniganj Police Station for offences under Sections 363, 365, 366(A) and 34 of the Indian Penal Code, alleged to involve rape. The petitioner claimed false implication, asserted no prior criminal record, and had been in custody since 15 July 2025, undertaking to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the alleged crimes. The Court examined the gravity of the offences and the risk to the victim and public interest. Concluding that the seriousness outweighed the petitioner's arguments, the Court refused bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of offences punishable under Sections 363, 365, 366(A) and 34 of the IPC.

Legislation cited

Subjects

  • bail
  • rape
  • Indian Penal Code
  • criminal procedure
  • regular bail
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78050 of 2025
                       Arising Out of PS. Case No.-144 Year-2022 Thana- RANIGANJ District- Araria
                 ======================================================
                 Bhavesh Yadav @ Bhavesh Kumar S/O Kailu Yadav @ Jagat Narayan Yadav
                 R/O Vill.- ShankarPur, Ward No.- 1,P.S- Bhargama,Dist.- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Raniganj P.S. Case No. 144/2022 registered for the offences

                   punishable under Sections 363, 365, 366(A), 34 of I.P.C.

                                3. As per the prosecution case, petitioner and others

                   are accused to have committed rape with the victim.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedents and

                   he is in custody since 15.07.2025. The petitioner undertakes to

                   co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer

                   for regular bail of the petitioner.
              Patna High Court CR. MISC. No.78050 of 2025(3) dt.19-03-2026
                                                          2/2




                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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