Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Mahesh Yadav applied for anticipatory bail after an FIR was lodged alleging that he entered a house and attempted to have sexual relations with the informant's wife, subsequently assaulting her. The FIR, filed seven days after the alleged incident, charges him under Sections 126(2), 115(2), 329(4), 74, 76 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner argued that the delay rendered the FIR unreliable, the allegations were vague, and he had a clean antecedent, noting that co‑accused had been granted anticipatory bail. The State contended that the petitioner faced specific accusations of forcible sexual advance and assault, distinguishing his case from the co‑accused. The Court examined the seriousness of the allegations and the delay, and concluded that anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the delay in filing the FIR.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 329(4), 3(5), 74, 76
Subjects
- anticipatory bail
- FIR delay
- assault
- attempted rape
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83726 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
Mahesh Yadav S/O Jago Yadav Resident of vill.- Vajitapur, P.o.- Salaunja,
P.s.- Halsi, Dist.- Lakhisarai, Bihar - 811311
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gautam Yadav S/O Hira Yadav Resident of vill.- Wajdipur, Post- Salaunja,
P.s.- Halsi, Dist.- Lakhisarai, Bihar - 811311
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Minakshi Kumari, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 126(2), 115(2), 329(4),
74, 76, 3(5) of the Bharatiya Nyaya Sanhita.
3. Allegation in the F.I.R. is that when wife of the
informant was alone in the house, this petitioner entered the
house and tried to establish physical relation with her. Upon
raising alarm by the sister-in-law of the informant, all the F.I.R.
named accused persons, including this petitioner, assembled and
brutally assaulted the wife of informant.
4. Learned counsel for the petitioner submits that the
F.I.R. was lodged after an inordinate and unexplained delay of
Patna High Court CR. MISC. No.83726 of 2025(2) dt.06-01-2026
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seven days as the occurrence is said to have taken place on
20.5.25, whereas the present F.I.R. was lodged on 27.5.25 after
due thought and deliberation. Allegation against petitioner is
general and omnibus and there is no specific accusation of any
overt act against him. It is further submitted that similarly
situated co-accused persons, namely, Jago Yadav and Balmiki
Yadav, have already been granted anticipatory bail by co-
ordinate Bench of this Hon’ble Court vide order dated
15.09.2025 passed in Cr. Misc. No. 64110 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that there is specific
accusation that this petitioner attempted to forcibly establish
physical relation with the wife of informant and as such, he
cannot claim parity with above mentioned co-accused persons
who have been granted anticipatory bail.
6. Considering the nature of accusation, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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