Patna High Court
Majhar Gaddi @ Majahar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 126(2), 127(2), 183, 303(2), 3(5), 70(1), 74
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
Checking your session…