Patna High Court
Shahbaz AlamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was refused as the allegations of rape were substantiated by the victim’s statement and medical report.
Summary
Shahbaz Alam was arrested on 19 August 2025 in connection with a case registered at Amour Police Station (Case No. 362 of 2025) for alleged rape. The FIR charges him under Sections 127(2), 70(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act. The petitioner, represented by Mr. Md Fazle Karim, sought bail, claiming a clean antecedent and that the allegations were fabricated. The State, through an Assistant Public Prosecutor, and the informant’s counsel argued that the victim’s statement under Section 183 of the B.N.S.S. and a medical report corroborated the rape allegation. The Court, after considering the seriousness of the offence, the victim’s recorded statement and medical evidence, declined to grant bail. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the accused in a rape case under the B.N.S. 2023 and POCSO Act given the seriousness of the allegations and supporting evidence.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 127(2), 183, 3(5), 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- rape
- POCSO Act
- Bihar Narcotic Substances Act
- criminal procedure
- medical evidence
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3621 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- AMAUR District- Purnia
======================================================
Shahbaz Alam S/o Ibrahim Resident of Belka, PS- Amour, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX D/o YYY R/o Belka, P.S.- Amour, Distt.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Informant : Mr. Vikram Singh, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Md Fazle Karim, learned counsel for the
petitioner, Mr. Vikram Singh, learned counsel for the Informant
and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.08.2025, in connection with Amour P.S. Case No. 362 of
2025, F.I.R. dated 19.08.2025 registered for the offences
punishable under Sections 127(2), 70(2), 3(5) of the B.N.S.,
2023 and Section 4 and 6 of the POCSO Act.
3. Allegation against the petitioner is that he along
with other co-accused persons have committed rape upon the
victim.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.3621 of 2026(3) dt.09-04-2026
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the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
5. Learned counsel for the Informant and learned
APP for the State, on the other hand, vehemently opposed the
prayer for bail of the petitioner and submits that from perusal of
the F.I.R. it appears that the petitioner is named in the F.I.R. and
there is direct and specific allegation that he along with other
co-accused persons have committed rape upon the victim and
the statement of the victim was recorded under Section 183 of
the B.N.S.S. in which she has fully supported the case of the
prosecution and apart from that the medical report of the victim
also suggests that she has sexually assaulted by the petitioner
and other co-accused persons and she has been admitted in
Hospital more than seven days for her treatment.
6. Considering the nature of allegation supported by
the victim in her statement recorded under Section 183 of the
B.N.S.S. as well as medical report of the victim, I am not
inclined to enlarge the petitioner on bail in connection with
Amour P.S. Case No. 362 of 2025 pending in the Court of
learned Additional Sessions Judge-VII-cum-Special Judge
Patna High Court CR. MISC. No.3621 of 2026(3) dt.09-04-2026
3/3
(POCSO), Purnea.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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