Patna High Court
Mukul Yadav @ Mukul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Mukul Yadav was arrested in connection with a case (Naubatpur P.S. Case No. 426 of 2025) alleging that he and a co‑accused molested a school‑going girl, attempted to abduct her, and verbally abused the victim’s family using caste slurs. The charges span offences under the Bhartiya Nyaya Sanhita, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Protection of Children from Sexual Offences Act. The petitioner, who had been in custody since 10 October 2025, applied for bail, contending that the alleged caste abuse did not occur in a public place and that the allegations were exaggerated. The State opposed bail, emphasizing the seriousness of the offences and the specific allegations under the SC/ST Act. After hearing both sides, the Court held that bail could be granted on condition of a Rs.10,000 bond with two sureties, and ordered the petitioner’s release.
Issues considered
- Whether bail should be granted in a case involving alleged sexual assault, attempted abduction, and caste‑based atrocities.
- Whether the alleged caste abuse falls within the ambit of the SC/ST (Prevention of Atrocities) Act, which requires a public place.
- Whether the filing of a charge‑sheet and the absence of alleged tampering justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 137(2), 3(5), 351(2), 352, 62, 75, 76, 78
- Protection of Children from Sexual Offences Act — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(Da), 3(1)(Dha), 3(1)w(I), 3(1)w(ii), 3(2)(va)
Subjects
- bail
- sexual assault
- SC/ST Act
- POCSO Act
- criminal procedure
- caste discrimination
- attempted kidnapping
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84550 of 2025
Arising Out of PS. Case No.-426 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Mukul Yadav @ Mukul Kumar S/O Vijay Prasad @ Vijay Yadav Resident of
village- Raganiya Bagh, P.S.- Naubatpur, Dist.- Patna
... ... Petitioner
Versus
1. The State of Bihar Patna
2. X S/O Y Resident of village- Tiskhora Geda Tar, P.S.- Naubatpur, Dist.-
Patna
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Anant Kumar Pandey, Advocate
For the Opposite Party-State: Mr. Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
6 27-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
No.2.
2. The petitioner seeks bail in connection with
Naubatpur P.S. Case No. 426 of 2025 dated 24.07.2025,
registered for the offence under Sections 126(2), 127(2), 115(2),
75, 76, 78, 137(2), 62, 352, 351(2), 3(5) of the Bhartiya Nyaya
Sanhita, 2023, Indian Penal Code and Sections 3(1)(Dha), 3 (1)
(Da), 3(1) w (I), 3 (1) (w), (ii), 3(2)(va) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act)
and Section 8/12 of the Protection of Children From Sexual
Offences Act (POCSO Act)
3. As per the allegation, when the daughter of the
Patna High Court CR. MISC. No.84550 of 2025(6) dt.27-04-2026
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informant along with other girls were on way to school, the
petitioner and co-accused Bhawani Yadav are alleged to have
come riding on a motorcycle and as soon as the daughter of the
informant and other girls were passing through them, they
started touching her and tried to forcibly got her seated on a
motorcycle and tried to take her away, in course of which, other
girls surrounded the motorcycle, then this petitioner and co-
accused Bhawani Yadav started teasing the daughter of the
informant. Upon alarm being raised, the accused persons fled
away. It is further alleged that the informant as well as his
family members were also abused by the caste name.
4. Learned counsel appearing for the petitioner has
submitted that the petitioner is in custody since 10.10.2025,
charge-sheet has been submitted and there is no allegation of
tampering. The alleged abuse was not made in public place
within the public view so as to attract the provisions of SC/ST
Act. It has further been submitted that actually there was some
hot talk between the girls and the petitioner, which has resulted
into exaggerated version of the allegation by the informant. It
has also been submitted that the petitioner is ready to cooperate
in the trial.
5. Learned A.P.P. for the State as well as learned
Patna High Court CR. MISC. No.84550 of 2025(6) dt.27-04-2026
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counsel for the opposite party no.2 vehemently opposed the
prayer for bail of the petitioner and submitted that there is
specific allegation against the petitioner.
6. Heard learned counsel for the parties and perused
the records. Considering the facts and circumstances of the case,
let the above named, petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional
District and Sessions Judge-VII-cum-Special Exclusive Judge
POCSO Act, Patna, in connection with Naubatpur Case No. 426
of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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