Patna High Court
Kanchan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
Kanchan Yadav was arrested on 19 July 2025 in connection with an FIR dated 19 January 2025 alleging that he took a minor victim to Prayagraj and left her at an ashram where she was repeatedly raped. The FIR originally named offences under Sections 137(2) and 140(3) of the B.N.S., 2023, but the charge‑sheet added Sections 64, 3(5) of the same Act and Sections 4 and 6 of the POCSO Act. The petitioner contended that he was falsely implicated, that his name was not in the FIR and was only linked through a mobile phone, and that the victim’s statement under Section 183 of the B.N.S. did not incriminate him. The State opposed bail, arguing his participation in the crime and noting three other pending cases, though he was already on bail in those matters. The High Court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences, including those under the POCSO Act.
- Whether the mobile phone evidence linking the petitioner to the crime justifies denial of bail.
- Whether the existence of three other pending cases affects the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3), 183, 3(5), 64
- POCSO Act — s. 4, 6
Subjects
- bail
- POCSO
- sexual assault
- criminal procedure
- mobile phone evidence
- pending cases
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82368 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- ANTI District- Gaya
======================================================
Kanchan Yadav Son of Mr. Ram Naresh Yadav Resident Of Village- Netupur
P.s- Belaganj District -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Jafruddin Hajam son of Late Md. Islam Hajam Resident Of Village-
Aanti, Ps- Aanti, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Ajay Kumar Thakur, learned counsel for
the petitioner and Mr. Tarun Prasad Mandal, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
19.07.2025, in connection with Aanti P.S. Case No. 19 of 2025,
F.I.R. dated 19.01.2025 registered for the offences punishable
under Sections 137(2), 140(3) of the B.N.S, 2023 but the police
has submitted chargesheet under Sections 137(2), 140(3), 64,
3(5) of the B.N.S, 2023 and Section 4/6 of the POCSO Act.
3. Allegation against the petitioner is that he took the
victim to Prayagraj and left her at the Aashram of co-accused
Shital Das where victim was raped at many times at different
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places.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. He further
submits that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired during investigation
and later on the victim was recovered and her statement was
recorded under Section 183 of the B.N.S.S., 2023 in which she
has not supported the case of the prosecution and she has not
stated anything about the petitioner and the name of the
petitioner has been transpired only on the basis of mobile which
was used in the present case belonged to the petitioner. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 19.07.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner and
submits that the name of the petitioner has been transpired
during investigation that he has participated in the present crime
in question and apart from that the petitioner carries carries
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three more cases other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matters.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge POCSO cum Additional
Sessions Judge-VII, Gaya Ji in connection with Aanti P.S. Case
No. 19 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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