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Patna High Court

Satendra Yadav @ Satendra Kumar @ Satendra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner upon the condition of a Rs.10,000 bond and two sureties.

Summary

Satendra Yadav was charged under Section 74 of the Bihar Narcotic Substances Act, 2023 and Section 10 of the POCSO Act for allegedly kissing and inappropriately touching a minor who had gone to his shop to purchase a tablet. The complainant alleged that the incident occurred on 18-07-2025, and the petitioner had a prior, informally resolved molestation case. The petitioner, in custody since 15-10-2025 with a charge‑sheet filed, sought bail after an earlier anticipatory bail application was rejected. Counsel argued that the allegations were false and that the informant’s daughter would not have been sent to the petitioner’s shop. The State opposed bail, but the court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the appropriateness of granting bail to an accused under Section 74 of the B.N.S., 2023 and Section 10 of the POCSO Act?
  • Whether the prior informal resolution of a molestation allegation impacts the bail decision.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault
  • minor
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88052 of 2025
                       Arising Out of PS. Case No.-130 Year-2025 Thana- TARARI District- Bhojpur
                 ======================================================
                 Satendra Yadav @ Satendra Kumar @ Satendra Kumar Singh S/o Surendra
                 Yadav @ Surendra Singh R/o Village - Mahadevpur, P.O and P.S - Tarari,
                 District - Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Prem Shankar Choubey @ Bittu Choubey S/o Satendra Choubey R/o Village
                 - Mahadevpur, P.S - Tarari, District - Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026               1.    Heard learned counsel for the petitioner, Sri Vinod

                   Kumar Singh and learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections Section 74 of B.N.S., 2023

                   as well as under Section 10 of the POCSO Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and is in custody since 15-

                   10-2025 and charge-sheet has been submitted and the informant

                   alleges that on 18.07.2025 at about 05:50 p.m., his daughter

                   came back home from the temple and the informant asked her to

                   go and get a Sumo tablet, accordingly the victim went to the

                   shop of the petitioner when he grabbed her and kissed her on
Patna High Court CR. MISC. No.88052 of 2025(2) dt.11-03-2026
                                            2/3




          both cheeks and inappropriately touched her, further the

          petitioner about two years back had molested a child but the

          issue was resolved informally.

                   4.     The learned counsel for the petitioner submits that

          the petitioner has been falsely implicated in the instant case by

          the informant. It is next submitted that it absolutely does not

          stand to reason that as to why the informant would have asked

          his daughter to go to the shop of the petitioner when he himself

          could have gone to buy the tablet. It is also submitted that in the

          FIR, it is alleged that the petitioner earlier also had molested a

          child, but then the issue was resolved informally, as such, the

          informant was knowing what kind of a person the petitioner

          was, as such, why he would have asked his daughter to go to the

          shop of the petitioner to buy the medicine. It is further submitted

          that the petitioner runs a grocery shop and a medicine shop is

          adjacent to the house of the informant, but then it is alleged that

          the victim instead of going to the medicine shop went to the

          shop of the petitioner for purchasing medicine. It is next

          submitted that petitioner had earlier moved before this Court

          seeking anticipatory bail by filing Cr. Misc No. 67786 of 2025

          and the same came to be rejected by an order dated 8-10-2025.

          It is reiterated and submitted that petitioner is in custody since
              Patna High Court CR. MISC. No.88052 of 2025(2) dt.11-03-2026
                                                          3/3




                        15-10-2025 and charge-sheet has been submitted.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, 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 the learned trial court where the case is

                        pending/successor court in connection with in connection with

                        Tarari P.S. Case No.130 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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