Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court inclined to grant bail to the petitioners, finding insufficient specific allegation against them and noting the underlying land dispute.
Summary
The petitioners, Pappu Yadav and Surendra Yadav, were arrested in connection with a case alleging that a group of eleven persons entered an informant’s house and outraged the modesty of a girl and her mother. The FIR listed several offences under the Bhartiya Nagarik Suraksha Sanhita, 2023, but the girl’s statement recorded under Section 183 did not specifically name the petitioners, and the injury report mentioned only a hand injury. The petitioners argued that the allegations were vague and that the dispute between the parties was essentially a land dispute, not a criminal matter. The State opposed bail, but the court noted the absence of specific allegations against the petitioners and the underlying land dispute, and therefore inclined to grant bail. The court ordered the release of the petitioners on bail of Rs 10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, emphasizing that the observations were prima facie and not a determination on the merits.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bhartiya Nagarik Suraksha Sanhita.
- Whether the lack of specific allegation against the petitioners in the victim’s statement and the existence of a land dispute justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 118(1), 126(2), 127(2), 183, 324(4), 329(4), 3(5), 351(2), 482(2), 76, 78
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- sexual assault
- land dispute
- Bhartiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- injury report
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83443 of 2025
Arising out of PS. Case No.-81 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Pappu Yadav Son of Khelawan Yadav @ Ram Khelawan Yadav R/o Village
- Jahana, P.S. - Halsi, Dist. - Lakhisarai.
2. Surendra Yadav Son of Late Ravindra Yadav R/o Village - Jahana, P.S. -
Halsi, Dist. - Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Devi W/o-Guleshwar Yadav, R/o- Vill-Jahana, P.O.- Barhara, P.S.-
Halsi, Dist.- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 07-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Halsi P.S. Case No. 81
of 2025 registered for the offences punishable under Sections
126(2), 127(2), 115(2), 76, 78, 324(4), 118(1), 351(2), 329(4),
3(5) of BNS, 2023.
3. The allegation has been levelled that eleven persons
entered the house of the informant and outraged the modesty of
the girl and her mother. In the FIR some specific allegation has
been levelled against these petitioners.
4. Learned counsel for the petitioners submits that
perusal of the statement would show that the girl has not
Patna High Court CR. MISC. No.83443 of 2025(4) dt.07-05-2026
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levelled any allegation against the petitioners except naming
them. He draws the attention of the court to the injury report of
the girl where she has sustained injuries on hand and no other
injury has been discussed. Moreover, there is case and counter
case and it seems that there is land dispute between the parties.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the absence of specific allegation
against the petitioners in the statement of the girl recorded under
Section 183 BNSS as well as land dispute between the parties
and case and counter case, this Court is inclined to grant bail to
the petitioners.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned
Judicial Magistrate, 1 s t Class, Lakhisarai in connection
with Halsi P.S. Case No. 81 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Code of Criminal Procedure / Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made
Patna High Court CR. MISC. No.83443 of 2025(4) dt.07-05-2026
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herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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