Patna High Court
Baidul Khan @ Baidullah KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the lower court’s refusal and granted regular bail to the appellant, subject to conditions.
Summary
The appellant, Baidul Khan, appealed to the Patna High Court seeking regular bail under Section 14(A)(2) of the CrPC after a Special Judge had refused bail in a rape case registered under Sections 70(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the appellant participated in the rape of the victim, while the appellant claimed innocence, asserting that the FIR was fabricated and that the victim, who had been examined as PW‑1, had turned hostile. The Special Public Prosecutor opposed bail. Considering the victim's hostile stance and the circumstances, the High Court ordered the appellant’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation and appearance in court. The appellate court set aside the lower court’s order and allowed the appeal.
Issues considered
- Whether regular bail can be granted to an accused in a rape case under the SC/ST (Prevention of Atrocities) Act when the victim has turned hostile.
- Whether the refusal of bail by the Special Judge was justified in view of the evidence and the victim's change of testimony.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 70(1)
- Criminal Procedure Code — s. 14(A)(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- regular bail
- rape
- SC/ST Act
- victim hostile
- CrPC Section 14A
- high court appeal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1816 of 2026
Arising Out of PS. Case No.-57 Year-2024 Thana- MAHILA P.S District- West Champaran
======================================================
Baidul Khan @ Baidullah Khan S/O Faiyaz Khan @ Md. Faiyaj Khan
Resident of village- Chhavani @ Chhawani, ward no.- 05, P.S- Bettiah Kali
Bagh O.P., District- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. XXX D/O Lae Mohan @ Suresh Ram R/O Village- Chhavani @ Chhawani
Harijan Tola, Ward No. 03, P.S.- Manuwapul, Distt.- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sujeet Kumar
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the parties.
2. This is the second attempt of the appellant for grant
of regular bail in the appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 30.03.2026
passed by the learned Exclusive Special Judge, Rape and
POCSO Act, Bettiah, West Champaran in connection with
Bettiah Mahila P.S. Case No. 57 of 2024 registered under
Sections 70(1) and 3(5) of the BNS, 2023 and Sections 3(2)(va)
of the Scheduled Castes and Scheduled Tribes Act (Prevention
of Atrocities) Act.
3. According to the prosecution case, this appellant
along with other accused persons committed rape upon the
Patna High Court CR. APP (SJ) No.1816 of 2026(2) dt.30-06-2026
2/3
victim.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the appellant has not committed any offence as
alleged in the FIR. He further submits that the trial has begun
and the victim has been examined as P.W-1 and she has not
supported the case of the prosecution and has stated that no such
occurrence has taken place and she has become hostile. The
appellant is in custody since 27.11.2024.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant.
6. Considering the aforesaid facts and circumstances
of the case and also considering the fact that the victim has
turned hostile, let the appellant, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court below in connection with Bettiah
Mahila P.S. Case No. 57 of 2024, subject to the condition that
the appellant shall co-operate in the trial and shall be properly
represented on each and every date fixed by the court and shall
remain physically present as directed by the court and on his
Patna High Court CR. APP (SJ) No.1816 of 2026(2) dt.30-06-2026
3/3
absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.