Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted because the petitioner was not identified in the victim’s statement and the medical report showed no evidence of sexual assault, rendering the accusation insufficient to deny bail.
Summary
Petitioner Rajesh Paswan applied for bail in a rape case (PS Case No.212 of 2025) registered under Section 64(1) of the BNS, 2023. The FIR alleged that he raped the victim while both were grazing goats, but the victim’s statement under Section 183 of the BNSS did not name him, and she claimed she did not know the boy’s name. The medical report showed the victim was over 19 years old, with an intact hymen and no signs of recent sexual intercourse, and the trial court had deemed her mentally unsound. The petitioner had no prior criminal record and had been in custody since 19‑05‑2025. Considering the lack of identification, the medical findings, and the victim’s mental condition, the High Court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to his presence in court on each date.
Issues considered
- Whether bail should be granted to the accused under Section 64(1) of the BNS, 2023 in view of the lack of identification by the victim.
- Whether the medical report and the victim’s mental condition justify the grant of bail.
Legislation cited
- Bihar Narcotic (BNS) Act, 2023 — s. 64(1)
- Bihar Narcotic (BNSS) Act — s. 183
Subjects
- bail
- rape allegation
- identification
- medical report
- mental unsoundness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76766 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Rajesh Paswan S/O Late Ramchandra Paswan R/O Vill.- Dariyapur, P.S.-
Belaganj, Dist.- Gaya, Wrongly mentioned in Impugned order as Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Adv.
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Belaganj P.S. Case no.212 of 2025
registered under section 64(1) of BNS, 2023.
3. Allegation in the F.I.R is that petitioner committed
rape with the informant/victim.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case which
would be evident from the fact that although the name of the
petitioner appears in the FIR with a specific allegation that he
was grazing goats while the victim/informant was grazing her
goats and petitioner committed rape upon her, but in the
statement of the victim recorded under Section 183 of BNSS,
Patna High Court CR. MISC. No.76766 of 2025(3) dt.24-02-2026
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she has not taken the name of the petitioner and when asked
about the boy, she has only stated that she does not know the
name of the boy and upon general assessment, the court
concerned has opined that victim is mentally unsound. Further,
the medical examination report of the victim/informant
discloses her age to be above 19 years and no recent sign of any
sexual intercourse has been found, rather the hymen has been
found intact with no tear laceration or bleeding. The petitioner is
in custody since 19.05.2025 with no criminal antecedent and
charge sheet has been submitted in the case.
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 also considering the fact that the
name of the petitioner does not transpire in the statement of the
victim recorded under Section 183 B.N.S.S., coupled with the
medical report, the petitioner is directed to be enlarged on bail
in connection with Belaganj P.S. Case no.212 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, subject to the further condition that
Patna High Court CR. MISC. No.76766 of 2025(3) dt.24-02-2026
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petitioner shall remain physically present in the learned trial
Court on each date and shall cooperate in the trial. In case the
petitioner is absent on the two consecutive dates without
sufficient reasons, the learned trial Court would be at liberty to
cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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