Patna High Court

BHOLA PASWANversusThe State of Bihar

Decided: 24 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, ordering release on a bond with conditions.

Summary

Bhola Paswan was arrested in connection with a rape allegation under Section 70(1) of the B.N.S., case No. 70 of 2025. The prosecution alleged that Paswan, along with co‑accused, committed the offence, but the petitioner’s counsel argued that the medical examination of the victim showed no external or internal injuries and that the petitioner was falsely implicated. The petitioner had no prior criminal record and had been in judicial custody since 3 May 2025, while a similarly situated co‑accused had previously been granted bail by the same court. The State opposed bail, but the court, after considering the medical report, lack of injuries, and the precedent, decided to enlarge bail. Paswan was ordered to be released on a bail bond of Rs 10,000 with two sureties and to comply with conditions of appearing in court and not tampering with evidence.

Issues considered

Whether bail should be granted to an accused in a rape case under Section 70(1) of the B.N.S. given the medical evidence of no injuries
Whether the precedent of bail granted to a co‑accused is applicable to the petitioner

Legislation cited

B.N.S. — s. 70(1)

Subjects

bail
rape
medical evidence
Section 70(1)
high court
criminal procedure
precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10740 of 2026
                    Arising Out of PS. Case No.-70 Year-2025 Thana- BISHANPUR District- Darbhanga
                 ======================================================
                 Bhola Paswan, Son of Jay Narayan Paswan, Resident of village - Rupauli,
                 Police Station - Bishanpur, District - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bishanpur (Bishunpur Chowk) P.S. Case No. 70 of 2025

                   registered for the offence punishable under Section 70 (1) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with other accused person committed rape with

                   the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The medical examination of the victim was conducted on

                   same day and doctor has not found any injury on the private part
Patna High Court CR. MISC. No.10740 of 2026(2) dt.24-02-2026
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          of the victim. Learned counsel for the petitioner has submitted

          that no sign of external and internal injuries seen on abdomen,

          lower body part and perineal region. No pairing of glems during

          vaginal examination. No injury mark seen on perineal region or

          clavicle genital. It has also been submitted that similarly situated

          co-accused Mantun Sharma has been granted bail by learned

          Co-ordinate Bench of this Court vide Cr. Misc. No. 3977 of

          2026 and the case of this petitioner stands on similar footing.

          Petitioner is having no criminal antecedent and he is languishing

          in judicial custody since 03.05.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Darbhanga in connection with Bishanpur

          (Bishunpur Chowk) P.S. Case No. 70 of 2025 with the

          following conditions:-

                       (i) The petitioner shall cooperate in the trial and
             Patna High Court CR. MISC. No.10740 of 2026(2) dt.24-02-2026
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                       shall remain physically present on each and every date fixed

                       by the learned trial court.

                                    (ii) The petitioner shall not tamper the evidence.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T

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