Patna High Court
Neeraj Yadav @ Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
The petitioner, Neeraj Yadav, was arrested in connection with Mahila Police Station Case No. 74 of 2025, which alleged offences under the Bihar Nari Suraksha Act, POCSO Act, Juvenile Justice Act, Immoral Trafficking Act and the Bounded Labour System Act. The prosecution’s case is based on a raid at an orchestra owner’s residence where several girls were rescued, and the girls’ statements under Section 183 of the BNSS indicated they worked in an orchestra. The petitioner contended that he is not an orchestra owner, has no criminal antecedent, and was falsely implicated; he also pointed to a similar bail order granted to co‑accused Shubham Kumar. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the Court held that the allegations were general and the petitioner’s circumstances warranted bail, directing that he be released on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under multiple serious statutes including POCSO and Immoral Trafficking Act.
- Whether the nature of the allegations (general and omnibus) justifies the grant of bail.
- Whether the precedent of bail granted to a co‑accused (Shubham Kumar) is applicable to the petitioner.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- sexual exploitation
- orchestra
- juvenile justice
- immoral trafficking
- bounded labour
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88285 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- MAHILA P.S. District- Saran
======================================================
Neeraj Yadav @ Neeraj Kumar, S/O Lalbabu Yadav @ Lalbabu Ray, R/O
Village- Gopalbari, P.S- Mashrakh,Dist- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahashweta Sinha,Inspector-cum-SHO Mahila, P.S- Saran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mahila P.S. Case No.74 of 2025 registered for the offence
punishable under Sections 79, 111, 141, 143, 145, 98, 296 and
3(5) of B.N.S., Sections 13 and 14 of POCSO Act, Section 79
of J.J. Act, Sections 3, 4, 5 and 6 of Immoral Trafficking Act
and Section 16 of the Bounded Labour System Act.
3. The case of the prosecution, in short, is that a raid
was made at the residence of certain orchestra owners and from
their possession, girls were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.88285 of 2025(3) dt.05-02-2026
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committed no offence. He has been falsely implicated in this
case. He is not the orchestra owner. Only allegation against the
petitioner and others is that they forced the girls to dance
wearing small cloths. From perusal of the order of the learned
trial Court, it is clear that six recovered girls have given their
statement under Section 183 of the B.N.S.S. wherein they have
stated that they were working in an orchestra. Nothing else has
been stated by them. Learned counsel for the petitioner has
stated that the nature of allegation is general and omnibus. It has
also been submitted that similarly situated co-accused Shubham
Kumar has been granted bail by this Court vide order dated
19.11.2025 passed in Cr. Misc. No. 76339 of 2025. The case of
this petitioner stands on similar footing. He is having no
criminal antecedent and he is languishing in judicial custody
since 15.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.88285 of 2025(3) dt.05-02-2026
3/3
of the like amount each to the satisfaction of the learned
Exclusive Special Additional Sessions Judge (POCSO), Saran,
Chapra in connection with Mahila P.S. Case No. 74 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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