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Patna High Court

Majhar Gaddi @ Majahar AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Pre‑arrest bail was denied as the nature of the accusation and the victim’s statement under Section 183 BNSS warranted refusal.

Summary

Majhar Gaddi was accused in a rape case (Srinagar P.S. Case No. 66 of 2025) under several sections of the Bharatiya Nyaya Sanhita. He applied for pre‑arrest bail, claiming innocence and alleging a three‑day delay in filing the FIR. The State opposed the bail, relying on the victim’s statement recorded under Section 183 of the BNSS. The Court examined the seriousness of the charges and the victim’s corroborated statement. Considering the nature of the accusation and the victim’s statement, the Court rejected the petition for pre‑arrest bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a rape case under the Bharatiya Nyaya Sanhita.
  • Whether the victim’s statement under Section 183 BNSS justifies denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • rape
  • Bharatiya Nyaya Sanhita
  • victim statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1051 of 2026
                  Arising Out of PS. Case No.-66 Year-2025 Thana- SRINAGAR District- West Champaran
                 ======================================================
                 Majhar Gaddi @ Majahar Alam Son of Sainullah Gaddi Resident of Village -
                 Gadiyani, Jhauwa Tola, P.S. - Srinagar, Dist. - West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :      Md. Aslam Ansari, Addl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in connection with

                   Srinagar P.S. Case No. 66 of 2025 registered for the offences

                   punishable under Sections 126(2), 70(1), 127(2), 74 and 303(2)

                   and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, this petitioner along

                   with two other F.I.R. named accused persons forcibly committed

                   rape with informant while she was going to her home from the

                   market.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. F.I.R. has

                   been lodged after inordinate delay of three days.

                                5. Learned counsel for the State opposes the prayer

                   for bail and submitted that victim in her statement recorded
              Patna High Court CR. MISC. No.1051 of 2026(2) dt.22-01-2026
                                                          2/2




                        under Section 183 BNSS has supported the prosecution case.

                                     6. Considering the nature of accusation and statement

                        of the victim recorded under Section 183 BNSS, prayer for pre-

                        arrest bail of the petitioner is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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