Patna High Court
Md. SabirversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the appellant and dismissed the appeal.
Summary
The appellant, Md. Sabir, appealed against an order of the Exclusive Special Judge dated 24‑09‑2025 in a gang‑rape case registered under Section 70(1) of the BNS Act and Sections 3(1)(r)(s)/3(2)v of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that a group of persons, including the appellant, committed the offence, while the defence argued that the trial witnesses did not corroborate the prosecution’s case. The appellant, who has been in custody since 16‑07‑2024, sought bail. The court considered the parties’ submissions and a recent Supreme Court decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539). Relying on that precedent, the High Court concluded that bail could not be granted in the circumstances. Consequently, the appeal was dismissed, leaving the appellant in custody.
Issues considered
- Whether the appellant is entitled to bail pending trial under the SC/ST (Prevention of Atrocities) Act and the BNS Act despite the prosecution’s case.
- Whether the evidence on record, including the testimony of witnesses, is sufficient to justify the denial of bail.
Legislation cited
- BNS Act — s. 70(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)v
Subjects
- bail
- SC/ST Act
- gang rape
- evidence
- appeal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4301 of 2025
Arising Out of PS. Case No.-753 Year-2025 Thana- NAWADA District- Nawada
======================================================
Md. Sabir S/O Iliyaash Rain @ Md. Iliyas Rahi Resident of Gondapur, P.S. -
Nagar, District - Nawada
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Rani Kumari D/O Sita Ram Rajabanshi R/O Vill.- Diwmubara Tajpur, P.S.-
Roh, Dist.- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raj Kumar
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-04-2026 Heard the parties.
2. This appeal is preferred against the order dated
24.09.2025 passed by the learned Exclusive Special Judge,
SC/ST POA Act, Nawada arising out of Nawada P.S. Case No.
753 of 2025 registered for the offence under Sections 70(1) of
the BNS and under Section 3(1)(r)(s)/3(2)v of the SC/ST Act.
3. As per the prosecution case, one known and some
unknown persons are said to have committed gang rape with the
victim.
4. The appellant is in custody since 16.07.2024 and
the name of the appellant has come during investigation.
5. It has been submitted by the learned counsel for the
Patna High Court CR. APP (SJ) No.4301 of 2025(5) dt.02-04-2026
2/2
appellant that the witnesses have been examined in the trial and
they have not supported the prosecution case.
6. Considering the submission of the parties and also
considering the Judgment of the Hon’ble Supreme Court in the
case of X Vs. State of Rajasthan and Anr. reported in 2024
SCC OnLine SC 3539, this Court is not inclined to grant bail to
the appellant.
7. Accordingly, this appeal stands dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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