Patna High Court
Laloo Yadav @ Lalu Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for anticipatory bail, directing release on bail upon arrest.
Summary
The petitioners, members of the Yadav family, feared arrest in a case (Amarpur PS Case No. 32 of 2025) involving alleged assault, caste-based abuse, and offences under the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST Act. They contended they were innocent and merely relatives of the main accused, who had already secured bail. The State opposed the petition for anticipatory bail. The Court examined the allegations and the petitioners' claim of innocence, and, invoking its inherent powers under Section 482(2) of the Bharatiya Nyaya Sanhita, granted anticipatory bail. The order directed that, if arrested within four weeks, each petitioner be released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the usual conditions. The decision effectively safeguards the petitioners from immediate detention pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences under the BNSS, POCSO Act and SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- SC/ST Act
- assault
- caste abuse
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90994 of 2025
Arising Out of PS. Case No.-32 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Laloo Yadav @ Lalu Prasad Yadav Son of Shubhak Yadav R/o Village -
Bharko, P.S. - Amarpur, Dist. - Banka.
2. Sita Devi Wife of Laloo Yadav @ Lalu Prasad Yadav R/o Village - Bharko,
P.S. - Amarpur, Dist. - Banka.
3. Rupa Devi Wife of Sukun Yadav R/o Village - Bharko, P.S. - Amarpur, Dist.
- Banka.
4. Kabo Devi @ Kibi Devi Wife of Dhananjay Yadav R/o Village - Bharko,
P.S. - Amarpur, Dist. - Banka.
5. Gunjan Devi Wife of Dhirendra Yadav R/o Village - Bharko, P.S. - Amarpur,
Dist. - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Y R/o Village - Sahua Bahiyar, P.S. - Amarpur, Dist. - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad
For the Opposite Party/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 04-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Amarpur P.S. Case No. 32 of 2025 registered for offences under
Sections 126(2), 115(2), 76, 351(2), 352, 3(5) of the Bharatiya
Nyaya Sanhita, 2023, Section 8 of the POCSO Act and Sections
3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim and abusing the victim by
Patna High Court CR. MISC. No.90994 of 2025(3) dt.04-02-2026
2/2
taking caste name.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners are the family
members of the main accused Nitish Kumar, who was taken into
custody and was granted bail by Juvenile Court.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VI-cum-Special Judge, POCSO Act,
Banka/concerned court below in connection with Amarpur P.S.
Case No. 32 of 2023 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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