IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18148 of 2026 Arising out of PS. Case No.-356 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Vinay Kumar Yadav Son of Motilal Rai Resident of Village- Benipur, P.S.- Keshariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 4 27-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Dumariya Ghat P.S. Case No. 356 of 2025, registered for offences under Sections 79, 111, 141 and 143 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”). 3. The prosecution case, as disclosed from the first information report, is that the petitioner was the owner of a musical orchestra group. On a police raid conducted upon receipt of information, it was found that female dancers had been engaged ostensibly for the purpose of performing classical dance, but were allegedly made to perform obscene dances at the venue. The petitioner, being the proprietor of the said Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026 2/5 orchestra, has been attributed with being instrumental in the commission of the said acts. Sections 141 and 143 of the BNS pertain to the commission of, and membership in, an unlawful assembly, while Section 79 addresses the exploitation of a person for a wrongful purpose, and Section 111 deals with organised crime. It is to be noted that none of the offences alleged against the petitioner are punishable with death or imprisonment for life, and the charges, as framed, do not disclose the commission of any offence of an aggravated or heinous nature. 4. Learned counsel for the petitioner submits that upon inquiry, all the female dancers have been found to be adults and have since been released by the concerned authority. It is submitted that the petitioner was merely operating the orchestra as a commercial enterprise, and the female performers were adults who had apparently consented to participate in the programme. It is further submitted that the petitioner has no criminal antecedent whatsoever and has been in custody since 13.12.2025, having thus undergone a period of incarceration of approximately five and a half months. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail, contending that the Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026 3/5 nature of the allegations discloses a deliberate and organised attempt to exploit female performers under the guise of a legitimate cultural programme, and that the petitioner, as the owner of the orchestra, was the directing mind behind the enterprise. 6. Having heard the learned counsel for the parties and having perused the record, this Court is of the considered view that the following circumstances, taken together, weigh in favour of the petitioner at this stage. First, none of the alleged victims were found to be minors; they were all adults, and have since been released without any adverse finding. The element of exploitation, which is the gravamen of Section 79 of the BNS, is therefore rendered prima facie weak in the absence of any vulnerable victim or continuing harm. Second, the offences alleged, while serious in nature, do not carry the maximum punishment of death or imprisonment for life, and the accusation does not involve violence, use of arms, or any act endangering public order to a degree that would disentitle the petitioner from the consideration of bail. Third, the applicability of Section 111, which pertains to organised crime, requires a nexus with a criminal syndicate or organised criminal activity as defined under the BNS; at this prima facie stage, the record does Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026 4/5 not disclose any such organised criminal network to which the petitioner is said to belong. Fourth, the petitioner has no criminal antecedent and has been in custody since 13.12.2025. A clean criminal record and a substantial period of pre-trial detention are relevant factors to be weighed in the exercise of the discretion to grant bail. Fifth, the female performers, who are the alleged victims, have themselves been released, and there is no material on record at this stage to suggest that the petitioner poses a flight risk or is likely to tamper with evidence or influence witnesses. In these circumstances, this Court is inclined to enlarge the petitioner on bail. 7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of the District & Additional Sessions Judge-cum- Exclusive Special Judge (Rape & POCSO Cases), East Champaran at Motihari, in connection with Dumariya Ghat P.S. Case No. 356 of 2025. 8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail Patna High Court CR. MISC. No.18148 of 2026(4) dt.27-05-2026 5/5 application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. Vikash/- (Ansul, J) U T