Created by Fuzzy Cloud

Patna High Court

Lal Bihari YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.