Patna High Court
Lal Bihari YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Lal Bihari Yadav was arrested in connection with a case alleging that he entered a woman's house demanding cash for liquor, attempted to molest a minor sister‑in‑law, and committed offences under the Bihar Narcotic Substances Act, the POCSO Act and the SC/ST (Prevention of Atrocities) Act. The petitioner claimed he was a painter who had gone to the house to claim unpaid wages and was falsely implicated; he asserted that the minor victim later stated he did nothing wrong. The prosecution relied on the victim’s statement recorded under Section 183 of the BNSS and the trial court’s findings. The petitioner’s counsel argued lack of criminal antecedent and that he had been in judicial custody since 13‑10‑2025. After hearing both sides, the High Court considered the seriousness of the charges against the petitioner’s right to liberty and decided to grant bail on a bond of Rs.10,000 with two sureties, directing compliance with the Additional Session Judge‑VII‑cum‑Special Court (POCSO) in Purnea.
Issues considered
- Whether bail should be granted to the accused despite charges under the BNSS, POCSO Act and SC/ST (Prevention of Atrocities) Act.
- Whether the evidence, including the victim’s statement, justifies continued detention.
- Whether the petitioner’s claim of false implication and lack of prior criminal record warrant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 308(3), 62, 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)
Subjects
- bail
- POCSO Act
- SC/ST (Prevention of Atrocities) Act
- sexual assault
- minor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89408 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Lal Bihari Yadav S/o Late Surendra Prasad Yadav Resident of Village -
Dhusar, P.S - Tikapatti, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o Dilkhush Ravidas Resident of Village - Dhusar, P.S - Tikapatti,
District - Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the
petitioner and Mr. Sadanand Paswan, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Tika Patti P.S. Case No. 124 of 2025 registered for the
offence punishable under Sections 64, 62, 308(3) of the B.N.S.,
2023 and Section 8 of the POCSO Act and Sections 3(i)(r)(s),
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
3. The case of the prosecution in short is that while
the informant was cooking food at her house at 09:00 PM, the
petitioner entered the house and started demanding cash for
liquor. When the informant denied, she entered the room of her
Patna High Court CR. MISC. No.89408 of 2025(2) dt.12-01-2026
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minor sister-in-law. When she heard the cry of her sister-in-law,
she went there, and her sister-in-law was crying and disclosed to
her that the petitioner had opened her pants and was attempting
to commit physical molestation.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that during the
course of investigation, the sister-in-law of the informant, who
is a minor girl, has given her statement recorded under Section
183 of the BNSS, and the learned trial court has also recorded in
its order “the victim has stated that Lal Bihari came into his
house, searching for her brother, and asked her sister-in-law
regarding him. He came into her room and started disrobing her;
she pushed him and went near her sister-in-law. She has further
stated that she was demanding cash from them and she has done
nothing with her.” Learned counsel for the petitioner also
submits that in this case, the fact is that the petitioner is a
painter, and he has done some work of painting at the house of
the informant, and he demanded his wages; the petitioner has
been framed in this false case. Moreover, the victim herself has
categorically stated that the petitioner has done nothing with her.
Patna High Court CR. MISC. No.89408 of 2025(2) dt.12-01-2026
3/3
It has further been submitted that a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 13.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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
of the like amount each to the satisfaction of the learned
Additional Session Judge-VII-cum-Special Court (POCSO),
Purnea in connection with Tika Patti P.S. Case No. 124 of 2025
in Pretrial No. BRPU01P0030722025 in Tika Patti P.S. Case
No. 124 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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