Allowed¶22

Manoj Yadav @ Manoj Kumar v. The State of Bihar

Patna HC19 Jan 2026CR. MISC./80244/2025

Case brief

AI extract

What is this about?

Regular bail granted; Patna HC Crl. Misc. No.80244/2025 (decided 19-01-2026, Ashok Kumar Pandey, J); FIR Parbatta P.S. Case No. 349/2025, Khagaria; offences under S. 70(2) BNS and Ss. 4 & 6 POCSO Act; gang-rape allegation against six persons per victim's statement u/S 183 BNSS; petitioner allegedly implicated only for assurance of settlement and threat, not rape; custody since 17.09.2025; bail on bond Rs.10,000/- with two like sureties before Special Judge, POCSO Act, Khagaria.

What did the court decide?

Regular bail granted; petitioner directed to be released on bail in connection with Parbatta P.S. Case No. 349 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Khagaria. ¶22

Manoj Yadav @ Manoj Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner is entitled to regular bail in Parbatta P.S. Case No. 349 of 2025, registered for offences under sections 70(2) BNS and Sections 4 and 6 POCSO Act, where counsel contends his alleged role is limited to an assurance of settlement and a threat rather than commission of rape.

¶15

Court's answer

Considering the facts and circumstances of the case, the court enlarged the petitioner on bail in connection with Parbatta P.S. Case No. 349 of 2025, directing his release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Khagaria.

¶22

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J) allowed Criminal Miscellaneous No.80244 of 2025, a prayer for regular bail by Manoj Yadav @ Manoj Kumar in Parbatta P.S. Case No. 349 of 2025 (Thana Parbatta, District Khagaria), registered for offences punishable under sections 70 (2) of the BNS and Sections 4 and 6 of the POCSO Act. Counsel for the petitioner submitted that he was falsely implicated; that even taking the victim's face value, no allegation of rape was attributed to him in her Section 183 BNSS statement (which alleges rape by six boys below the 'bandh'), his alleged role being limited to an assurance that lodging a case might affect the victim's marriage would be settled and an alleged threat of dire consequences, after the mother approached the petitioner as 'mukhiya'; and that he had been in judicial custody since 17.09.2025. Learned APP opposed the bail prayer. Considering the facts and circumstances, the court enlarged the petitioner on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Khagaria.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80244 of 2025

¶2

Arising Out of PS. Case No.-349 Year-2025 Thana- PARBATTA District- Khagaria

¶3

====================================================== Manoj Yadav @ Manoj Kumar Son of surendra Prasad Yadav Resident Of Village- Badi Lagar Ps- Parbatta District- Khagaria ... ... Petitioner/s Versus

¶4

The State of Bihar bihar

¶5

Munchun Devi wife of Bablu Chuadhary Resident Of Village- Chakpryag, Ward no. 4, Ps- Parbatta, Dist- Khagaria

¶6

... ... Opposite Party/s

¶7

======================================================

¶8

Appearance :

¶9

For the Petitioner/s : Mr.Rahul Singh, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP

¶10

======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶12

3 19-01-2026

¶13

Heard learned counsel for the petitioner and learned

¶14

APP for the State.

¶15

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 70 (2) of the BNS and Sections 4 and 6 of the POCSO Act.

¶16

3. The case of the prosecution, in short, is that one Sachin Kumar forcibly made the minor daughter of the informant sit on a bike took her to ‘ bandh ’ where six boys were allegedly present. It is further alleged that the victim was taken below the ‘ bandh’ and was committed rape one by one. During the Course of investigation, the victim has given her statement recorded under Section 183 of the BNSS which finds mention at paragraph-21 of the case diary. According to which, six accused persons committed rape with the minor daughter of the

¶17

Patna High Court CR. MISC. No.80244 of 2025(3) dt.19-01-2026 2/3

¶18

informant.

¶19

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in connection with the present case and that he has no involvement whatsoever in the alleged offence of rape. It is further submitted that upon a careful reading of the statement of the victim, even if the same is taken at its face value, no allegation of rape has been attributed to the present petitioner. It is further submitted that in the last part of the statement, the victim stated that she disclosed the occurrence to her mother whereafter her mother approached the ‘ mukhiya ’ (the present petitioner). It is alleged that the petitioner stated that if a case was lodged, it might create difficulties in the marriage of the victim and assured that the matter would be settled. She further alleged that she was also threatened with dire consequences. It is further submitted that, at best, the allegation against the present petitioner is limited to an alleged assurance of settlement and an alleged threat, and he is not among the accused persons, who are alleged to have committed rape upon the victim. Moreover, the petitioner has been languising in judicial custody since 17.09.2025.

¶20

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

¶21

Patna High Court CR. MISC. No.80244 of 2025(3) dt.19-01-2026 3/3

¶22

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 349 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Khagaria.

¶23

(Ashok Kumar Pandey, J)

¶24

Jagdish/-

¶25

U T

Manoj Yadav @ Manoj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Yadav @ Manoj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mithlesh Kumar @ Mithilesh Kumar Vs The State of Bihar

Bhajo Paswan @ Bajrangi Paswan @ Bajrang Paswan @ Bajrang Vs The State of Bihar

Naim Mia Vs The State of Bihar

Satrudhan Sahni @ Shatrudhan Sahani Vs The State of Bihar

Rohit Patel Vs The State of Bihar

Rahul Singh @ Rahul Kumar Singh Vs The State of Bihar