Patna High Court
Bhuteli Yadav @ Bijendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner, holding that the seriousness of the offences and prima facie evidence preclude grant of bail.
Summary
The petitioner, Bhuteli Yadav, a bus conductor, was arrested on 10 September 2025 in connection with a case registered under Sections 75 and 79 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10 and 12 of the POCSO Act for alleged molestation of a minor. He applied for regular bail, arguing that he was entitled to liberty pending trial. The court examined the seriousness of the charges, the existence of prima facie material linking the petitioner to the offence, and the gravity of sexual crimes against children. Considering the nature of the alleged offences and the risk to the victim and society, the court found no justification to grant bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail can be granted to an accused charged with offences under Sections 75 and 79 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8, 10 and 12 of the POCSO Act given the seriousness of the allegations.
- Whether the presence of prima facie evidence against the petitioner warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 75, 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 12, 8
Subjects
- regular bail
- sexual offences
- POCSO Act
- Bharatiya Nyaya Sanhita
- prima facie evidence
- gravity of offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81402 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- Sinha District- Bhojpur
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Bhuteli Yadav @ Bijendra Yadav S/o Late Bande Yadav R/o vill - Khawaspur,
P.S. - Krishna Gardh, Distt.- Bhojpur at Ara
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o vill - Kudariya, P.S. - Sinha, Distt.- Bhojpur at Ara
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sinha P.S. Case No. 77 of 2025 registered for the offence under
Sections 75 and 79 of the Bharatiya Nyaya Sanhita, 2023 and
Section 8, 10, 12 of the POCSO Act.
3. The petitioner, who is a conductor of a bus, is
accused of molesting the victim girl. He is in jail since
10.09.2025.
4. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence.
Patna High Court CR. MISC. No.81402 of 2025(6) dt.25-03-2026
2/2
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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