Patna High Court
Eklakh AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Eklakh Ansari, a 19‑year‑old, was arrested in connection with a rape case (PS Majhauliya, Case No. 437 of 2025) under Sections 65(2), 70(2), 238(a), 61(2)(a) of the Bihar Narcotic and Psychotropic Substances Act and Sections 4 and 6 of the POCSO Act. The petitioner contended that he was merely a lookout while the alleged rape was committed by co‑accused Rajababu Alam, and that the FIR and medical report showed no injuries or spermatozoa, indicating lack of substantive evidence against him. The State opposed bail, relying on the victim’s statement under Section 183 of the B.N.S.S. The court, noting that the primary allegation rested on the co‑accused who had already been granted bail, and considering the absence of forensic evidence, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The bail order was pronounced by Justice Smt. Soni Shrivastava.
Issues considered
- Whether bail should be granted to an accused in a rape case under the POCSO Act and the Bihar Narcotic and Psychotropic Substances Act when forensic evidence is lacking.
- Whether the petitioner’s alleged role as a lookout justifies bail despite the victim’s statement.
Legislation cited
Subjects
- bail
- rape
- POCSO
- forensic evidence
- co‑accused
- Panchayati
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65334 of 2025
Arising Out of PS. Case No.-437 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Eklakh Ansari S/O Yusuf Ansari R/O Vill.- Gora Semra, Ward No.14,
Panchayat Lal Saraiya, P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Nasruddin Ansari R/O Vill.- Gora Semra, Ward No.14, Panchayat
Lal Saraiya, P.S.- Majhauliya, District- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 19-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 65(2), 70(2), 238(a), 61(2)(a)
of the B.N.S. and Section 4 and 6 of the POCSO Act.
3. Petitioner along with other accused persons are said
to have committed rape with the victim.
4. Learned counsel for the petitioner submits that the
First Information Report itself would indicate that the petitioner,
who is 19 year old boy has been made an accused in this case
with allegations of mainly keeping a watch while the victim was
being ravished by the co-accused Rajababu Alam. However, the
FIR also indicates that a Panchayati had been held with regard
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to the said incident and in course of such Panchayati some
penalty was imposed on the petitioner and other co-accused
persons as also upon the informant. It is thus submitted that as a
matter of fact, the victim and the co-accused Rajababu Alam
were only meeting in the field and the petitioner being friend of
Rajababu Alam has been made an accused, however, no sexual
assault etc. has been committed in view of the medical report
wherein no injury on the private part of the victim has been seen
nor the pathology report shows any spermatozoa. Further, the
petitioner is in custody since 10.07.2025 and charge-sheet has
already been submitted.
5. Learned APP for the State has opposed the
application for bail on the ground that there are allegations
against the petitioner and the victim has supported the case of
the prosecution in her statement under Section 183 of the
B.N.S.S.
6. Taking into consideration the facts and
circumstances and also considering the fact that the thrust of
allegation is upon co-accused Rajababu Alam who has already
been granted bail by a coordinate Bench of this Court, let the
above named petitioner, be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.65334 of 2025(7) dt.19-02-2026
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of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Majhauliya P.S. Case No. 437 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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