Patna High Court
Bhavesh Yadav @ Bhavesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 34, 363, 365, 366(A)
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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