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Patna High Court

Mahesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                          2/2




                        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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