Created by Fuzzy Cloud

Patna High Court

Bhuteli Yadav @ Bijendra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                 ======================================================
                 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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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