Patna High Court

Mithu ChaudharyversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Mithu Chaudhary was arrested in connection with an alleged attempt to commit rape and several other offences under the B.N.S., as recorded in FIR No. 510 of 2024. He applied for bail, arguing that the FIR was fabricated to extort money, there was no medical examination of the victim, and only minor injuries were reported, indicating that Section 109(1) was not applicable. The petitioner also highlighted his clean criminal record and the fact that he had been in custody since 11 March 2025 without any witnesses appearing. The State opposed the bail on the seriousness of the charges. Considering the lack of substantiating evidence, the petitioner’s clean antecedent, and the prolonged pre‑trial detention, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for regular appearance.

Issues considered

Whether bail should be granted to the accused in a case of alleged attempted rape and other offences under the B.N.S. given the alleged lack of evidence and the petitioner’s clean antecedent.

Legislation cited

B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 76

Subjects

bail
attempted rape
criminal procedure
B.N.S.
sections 126,115,117,109,329,76,303,352,351,3
false FIR
medical report
clean antecedent

Judgment

                          THE HIGH COURT OF JU), ATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70284 of 2025
                       Arising Out of PS. Case No.-510 Year-2024 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Mithu Chaudhary Son of Late Jaldhari Chadhary Resident of Village- Gora
                 Bigha Ps- Rajgir and Dist- Nalanda
                                                                      ... ... Petitioner/(),
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amitav Bachchan
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   10-02-2026                  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 126(2), 115(2), 117(2),

                   109(1), 329(4), 76, 303(2), 352, 351(2), 3(5) of the BNS.

                                3. Petitioner is said to have attempting to commit rape

                   along with other co-accused upon the victim.

                                4. Learned counsel for the petitioner submits that the

                   story stated in the First Information Report itself would show

                   that as such no offence of rape etc. was committed with the

                   victim and false story has been cooked up by the informant for

                   the purposes of extorting money and putting pressure. It is

                   further submitted that there is no medical report of the victim

                   which shows that she was never subjected to any medical

                   examination and so far as the assault upon the victim is
Patna High Court CR. MISC. No.70284 of 2025(4) dt.10-02-2026
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          concerned, injury report only indicates some minor injuries on

          hand and shoulder which would be indicative of the fact that

          Section 109 (1) of the B.N.S. would not be attracted. Further,

          the petitioner has no criminal antecedent and is in custody since

          11.03.2025 and the charges have already been framed but

          however, no witness has turned up for deposing and as such,

          there is no likelihood to conclude the trial in near future.

                       5. Learned APP for the State has opposed the

          application for bail.

                           6. Taking into consideration the facts and

          circumstances and also considering that fact that the allegations

          made on the petitioner do not stand substantiated by supporting

          the evidence and also considering that the petitioner has been in

          custody since 11.03.2025 with clean antecedent and the charges

          have also been framed, let the above named petitioner, be

          enlarged on bail 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 below where the case is

          pending/successor court in connection with Rajgir P.S. Case No.

          510 of 2024, subject to the conditions that:

                           (I) The petitioner shall appear on each and every

          date till conclusion of trial and if the petitioner does not appear
             Patna High Court CR. MISC. No.70284 of 2025(4) dt.10-02-2026
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                       on two consecutive dates without any substantial and

                       satisfactory reason, the learned court below would be at liberty

                       to cancel his bail bonds.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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