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Patna High Court

Mintu Khan @ Wahadat NeyaziversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to cash bond, sureties, and conditions of appearance.

Summary

Mintu Khan was arrested in connection with a rape allegation under Section 64 of the B.N.S., with the FIR lodged 11 days after the incident. He filed a petition for regular bail, claiming innocence and alleging political victimisation, while the informant later expressed willingness to compromise. The State opposed bail but acknowledged that a final charge sheet had been filed. The Court considered the seriousness of the offence, the existence of a final form, and the petitioner's cooperation, and ordered his release on bail with a cash bond of Rs.10,000 and two sureties, subject to strict compliance with court appearances. The bail order also stipulated cancellation of bail upon failure to appear on two consecutive dates without valid cause.

Issues considered

  • Whether regular bail can be granted in a rape case under Section 64 of the B.N.S. after a final charge sheet has been filed
  • Whether the petitioner's claim of political rivalry and alleged compromise by the informant affect the bail decision

Legislation cited

Subjects

  • bail
  • rape
  • regular bail
  • Section 64
  • final charge sheet
  • political rivalry
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7275 of 2026
                  Arising Out of PS. Case No.-537 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Mintu Khan @ Wahadat Neyazi S/O Azad khan Resident of village-
                 Nakardei, P.S.- Sugauli, District-East Champaran.


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Geeta Devi Wife of Umesh Thakur Resident of village- Kotwa, P.S.
                 Paharpur, District- East Champaran.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhishek Kumar, Adv.
                 For the State           :        Mr.Uma Shankar Prasad Singh, APP
                 For the Informant       :        Mr.Krishnakant Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   17-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Paharpur P.S. Case No. 537 of 2024,

                   registered for the offences punishable under Section 64 of the

                   BNS.

                                    3. As per allegation, the petitioner committed rape

                   upon the victim/informant.

                                   4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. No explanation of 11 days in lodging of the FIR has
Patna High Court CR. MISC. No.7275 of 2026(2) dt.17-02-2026
                                            2/3




          been given. The petitioner is son of member of Zila Parishad

          and due to political rivalry, he has falsely been implicated. He

          has submitted further that when the informant perceives the

          mistake, she compromised the case. The petitioner is under

          custody      since     25.08.2025. The              investigating   authorities

          submitted final form against the petitioner.

                        5. On the other hand, the learned APP for the State

          and the learned counsel for the informant have though opposed

          the prayer for bail but fairly admitted that final form has been

          submitted against the petitioner.

                       6. Considering the above-mentioned facts and

          circumstances, let the petitioner above-named be released on

          bail on furnishing bail bonds of Rs.10,000/- with two sureties

          of the like amount each to the satisfaction of learned District &

          Additional Sessions Judge, Exclusive Special Judge (Rape &

          POCSO Cases) East Champaran, Motihari in connection with

          Paharpur P.S. Case No. 537 of 2024, subject to the condition

          that the petitioner shall cooperate in the disposal of trial and

          make himself available as and when required by the court.

                       7. The petitioner shall physically appear before the

          learned court below on each and every date. In case of

          failure on two consecutive dates, unless he is prevented by
           Patna High Court CR. MISC. No.7275 of 2026(2) dt.17-02-2026
                                                       3/3




                     extremely adverse circumstances, the learned court below

                     will be at liberty to cancel the bail bonds of the petitioner.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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