Patna High Court
Suryabhan NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Suryabhan Nishad, was arrested in connection with a rape allegation under sections 65(1) and 123 of the Bihar Narcotic Substances Act, 2023 and section 4 of the POCSO Act. He contended that he was entrapped by the alleged victim, whose statement recorded under section 183 was described as vague and suspicious. The medical report showed no injuries, no recent sexual assault, and no spermatozoa, undermining the prosecution’s case. Having been in custody since 12 February 2025 and possessing no prior criminal record, the petitioner applied for bail. The Court, after considering the lack of forensic evidence, the questionable victim statement, and the prolonged pre‑trial detention, ordered that bail be granted on a bond of Rs 10,000 with two sureties. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted to the accused in a rape case under sections 65(1), 123 of BNS Act, 2023 and section 4 of the POCSO Act given the evidentiary circumstances.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 123, 183, 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- rape
- POCSO Act
- medical evidence
- victim statement
- pre‑trial detention
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69296 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- PIPRASI District- West Champaran
======================================================
Suryabhan Nishad S/o Bhagirath Bin Resident of Village - Bahariasthan, P.S -
Piprasi, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Kuamri D/o Vicky Prajapati R/o Village - Mohamadpur, P.O -
Jhilmila, P.S - Raipur, District - Bijnaur (U.P) At present R/o - Gaziyabad,
Krishna Garden Colony
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prithvi Nath Mishra, Adv.
For the State : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. No one appears on behalf of opposite party
no.2 despite valid service of notice.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Piparasi P.S. Case no.16 of 2025
registered under sections 65(1), 123 of BNS, 2023 and Section 4
of POCSO Act.
3. Allegation in the F.I.R is that petitioner committed
rape with the victim/informant.
4. Learned counsel for the petitioner submits that it is
actually the petitioner who fell into trap of the victim/informant
as he had gone along with the victim on her saying and thereafter
the present case was filed by the informant implicating him as an
accused. The statement of the victim recorded under Section 183
of BNSS is also vague and suspicious as it has been alleged that
Patna High Court CR. MISC. No.69296 of 2025(5) dt.11-03-2026
2/2
she was standing at the Gorakhpur Station and randomly asked
the petitioner about some train and then went along with him to
his house where rape was committed with her. Further, medical
report also indicates that there is no evidence of any recent sexual
assault and no injury was found on the private parts of the body
as also no spermatozoa was detected in the vaginal swab. The
petitioner is in custody since 12.02.2025 with no criminal
antecedent and undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and especially considering medical
report as well as suspicious nature of statement of the victim
coupled with the fact that petitioner is in custody for more than a
year with no criminal antecedent, the petitioner is directed to be
enlarged on bail in connection with Piparasi P.S. Case no.16 of
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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