Patna High Court
MANTUN SHARMAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Mantun Sharma was arrested on 4 May 2025 in connection with a rape allegation under Section 70(1) of the BNS, 2023, based on an FIR dated 3 May 2025. He applied for bail, claiming a clean criminal record and that the allegation was fabricated, noting that the victim's medical report did not corroborate the claim. The prosecution opposed the bail. The court, after considering the lack of medical evidence and the petitioner's clean antecedent, ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail bond was to be secured without delay for verification.
Issues considered
- Whether bail should be granted to an accused in a rape case under Section 70(1) of the BNS, 2023 when the medical report does not support the allegation.
- Whether the petitioner's clean antecedent and claim of false implication justify bail.
Legislation cited
- BNS, 2023 — s. 70(1)
- B.N.S.S. — s. 183
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- bail
- rape
- Section 70(1) BNS
- medical report
- clean antecedent
- false allegation
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3977 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Mantun Sharma S/o- Ram Daresh Sharma R/v- Rupauli Ps-Bishanpur Dist-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Jha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Kedar Jha, learned counsel for the
petitioner and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.05.2025 in connection with Bishanpur P.S. Case No. 70 of
2025, F.I.R. dated 03.05.2025 for the offences punishable under
Section 70(1) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused person committed rape upon the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. 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. Although the victim has
Patna High Court CR. MISC. No.3977 of 2026(2) dt.28-01-2026
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supported the incident in her statement recorded under Section
164 of the Cr.P.C/183 of the B.N.S.S but the medical report of
the victim does not support the allegation as alleged in the F.I.R.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 04.05.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the medical report
does not supports the allegation as alleged in the F.I.R, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M.-1st Class,
Darbhanga in connection with Bishanpur P.S. Case No. 70 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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