Created by Fuzzy Cloud

Patna High Court

Kanchan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.82368 of 2025(4) dt.31-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.82368 of 2025(4) dt.31-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.82368 of 2025(4) dt.31-01-2026
                                                           4/4




                         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


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.