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Patna High Court

Neeraj Yadav @ Neeraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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