Created by Fuzzy Cloud

Patna High Court

Manoj Yadav @ Manoj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Manoj Yadav petitioned for regular bail in a case registered under Section 70(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act, alleging rape of a minor. The prosecution alleged that six accused, including the petitioner, had raped the minor, based on a statement recorded under Section 183 of the BNSS. The petitioner contended that he was falsely implicated, that the victim’s statement did not accuse him of rape, and that his only alleged involvement was an assurance of settlement and a threat, for which he had been in judicial custody since 17‑09‑2025. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court found insufficient basis to keep the petitioner detained and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the charges under the POCSO Act and the Bihar Narcotic Substances Act.
  • Whether the allegations against the petitioner constitute a cognizable offence warranting continued detention.
  • Whether the victim’s statement, when read at face value, implicates the petitioner in the alleged rape.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • rape of minor
  • false implication
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80244 of 2025
                     Arising Out of PS. Case No.-349 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Manoj Yadav @ Manoj Kumar Son of surendra Prasad Yadav Resident Of
                 Village- Badi Lagar Ps- Parbatta District- Khagaria ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar bihar
           2.     Munchun Devi wife of Bablu Chuadhary Resident Of Village- Chakpryag,
                  Ward no. 4, Ps- Parbatta, Dist- Khagaria
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rahul Singh, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 70 (2) of

                   the BNS and Sections 4 and 6 of the POCSO Act.

                                3. The case of the prosecution, in short, is that one

                   Sachin Kumar forcibly made the minor daughter of the

                   informant sit on a bike took her to ‘bandh’ where six boys were

                   allegedly present. It is further alleged that the victim was taken

                   below the ‘bandh’ and was committed rape one by one. During

                   the Course of investigation, the victim has given her statement

                   recorded under Section 183 of the BNSS which finds mention at

                   paragraph-21 of the case diary. According to which, six accused

                   persons committed rape with the minor daughter of the
Patna High Court CR. MISC. No.80244 of 2025(3) dt.19-01-2026
                                            2/3




          informant.

                       4. Learned counsel for the petitioner submitted that

          the petitioner has falsely been implicated in connection with the

          present case and that he has no involvement whatsoever in the

          alleged offence of rape. It is further submitted that upon a

          careful reading of the statement of the victim, even if the same

          is taken at its face value, no allegation of rape has been

          attributed to the present petitioner. It is further submitted that in

          the last part of the statement, the victim stated that she disclosed

          the occurrence to her mother whereafter her mother approached

          the ‘mukhiya’ (the present petitioner). It is alleged that the

          petitioner stated that if a case was lodged, it might create

          difficulties in the marriage of the victim and assured that the

          matter would be settled. She further alleged that she was also

          threatened with dire consequences. It is further submitted that,

          at best, the allegation against the present petitioner is limited to

          an alleged assurance of settlement and an alleged threat, and he

          is not among the accused persons, who are alleged to have

          committed rape upon the victim. Moreover, the petitioner has

          been languising in judicial custody since 17.09.2025.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.
            Patna High Court CR. MISC. No.80244 of 2025(3) dt.19-01-2026
                                                        3/3




                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Parbatta P.S. Case No. 349 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Judge, POCSO Act, Khagaria.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.