Patna High Court
Arjun ChoudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Arjun Choudhary was arrested on 21 August 2025 in connection with a rape case (P.S. Case No. 177 of 2025) under Sections 64(i) and 62 of the B.N.S, 2023. He applied for bail, claiming innocence and alleging that the FIR was fabricated. The prosecution, through the Additional Public Prosecutor, opposed bail, stating that the victim’s statement was recorded under Section 185 of the B.N.S.S, 2023, and that she positively identified the petitioner as the perpetrator. The High Court examined the seriousness of the allegation and the victim’s identification. Justice Rajesh Kumar Verma concluded that the nature of the accusation warranted denial of bail and refused the petitioner's prayer for release.
Issues considered
- Whether bail should be granted to a person accused of rape under Sections 64(i) and 62 of the B.N.S, 2023, considering the victim’s identification and the seriousness of the offence
Legislation cited
- B.N.S., 2023 — s. 62, 64(i)
- B.N.S.S., 2023 — s. 185
Subjects
- bail
- rape
- criminal procedure
- victim identification
- high court
- sections 64(i)
- section 62
- section 185
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.705 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Arjun Choudhary S/O Late Sukhlal Choudhary @ Gorakh Choudhary
Resident of village- Dharmuchak, P.S.- Neemchak Bathani, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjawal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 06-04-2026 Heard Mr. Ujjawal Kumar Singh, learned counsel for
the petitioner and Mr. Ram Sumiran Rai, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.08.2025 in connection with Neemchak Bathani P.S. Case No.
177 of 2025, F.I.R. dated 20.08.2025 for the offences punishable
under Sections 64(i) and 62 of the B.N.S, 2023.
3. According to prosecution case, this petitioner has
committed rape upon the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
Patna High Court CR. MISC. No.705 of 2026(4) dt.06-04-2026
2/2
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the statement of the victim was recorded under
Section 185 of the B.N.S.S, 2023 in which she has fully
supported the case of the prosecution. Apart from that she has
identified the petitioner in the Court proceeding and has
categorically stated that the petitioner has committed rape upon
her.
6. Considering the nature of allegation as alleged in
the F.I.R, I am not inclined to enlarge the petitioner on bail in
connection with Neemchak Bathani P.S. Case No. 177 of 2025
pending in the court of learned Judicial Magistrate, 1st Class,
Gaya.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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