Patna High Court
Bibhash Paswan @ Bibhash Pashwan @ Chowkidar Bibhash Paswan @ Bibhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
Holding
The court declined to grant regular bail, holding that the seriousness of the allegations and the progress of the trial warranted denial of bail.
Summary
The petitioner, Bibhash Paswan, a chowkidar, applied for regular bail in a rape case (Barahat P.S. Case No. 274 of 2025) involving offences under Sections 64, 352, 351(2) of the BNS and Sections 4 and 6 of the POCSO Act. The prosecution alleges that Paswan raped the informant in a hotel, and the victim’s statement recorded under Section 183 of the BNSS contains serious allegations against him. Paswan contended that he is innocent, was falsely implicated due to a personal dispute, has a clean record, and has been in custody since 27‑08‑2025. The State and the informant’s counsel opposed bail. The court noted that the trial had commenced, one of nine charge‑sheet witnesses had been examined, and the victim’s statement indicated grave charges, leading it to refuse bail.
Issues considered
- Whether regular bail should be granted to an accused of rape under Sections 64, 352, 351(2) of the BNS and Sections 4, 6 of the POCSO Act.
- Whether the victim’s statement under Section 183 of the BNSS and the stage of trial justify denial of bail.
Legislation cited
Subjects
- regular bail
- rape
- POCSO Act
- victim statement
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1001 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- BARAHAT District- Banka
======================================================
Bibhash Paswan @ Bibhash Pashwan @ Chowkidar Bibhash Paswan @
Bibhash Kumar S/O Late Satto Pashwan @ Sachida Paswan R/O Vill and
P.O- Pathra, P.S- Barahat, Dist- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Jaykant Razak R/O Vill and P.S- Barahat, Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the State : Ms. Renuka Ratnakar, APP
For the Informant : Mr. Sudhir Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Barahat P.S. Case No.
274 of 2025 registered for the offences punishable under
Sections 64, 352, 351(2) of the BNS and Section 4/6 of the
POCSO Act.
3. As per the prosecution case, the petitioner, who
happens to be a chowkidar, is alleged to have committed rape
upon the informant.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.1001 of 2026(4) dt.09-04-2026
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that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the alleged rape is
said to have been committed in a hotel, which is a busy public
place where many persons reside, yet no hue and cry was raised.
It has also been contended that there is a dispute between the
parties, and in the background of that dispute, the petitioner has
been falsely implicated in a pre-planned manner. Lastly, it has
been submitted that the petitioner has clean criminal antecedent
and is in custody since 27.08.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner.
6. Upon perusal of the record and consideration of the
submissions of the parties, it appears that the statement of the
victim recorded under Section 183 of the BNSS, which was
called for by order dated 15.01.2026, indicates that there are
serious allegations against the petitioner, including the
commission of rape. Moreover, the trial has commenced, and
out of nine charge-sheet witnesses, one witness has been
examined.
7. In view of the aforesaid fact and circumstance, this
court is not inclined to grant bail to the petitioner and the same
Patna High Court CR. MISC. No.1001 of 2026(4) dt.09-04-2026
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is hereby rejected.
(Praveen Kumar, J)
Jyoti/-
U T
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