Patna High Court
Chhotu Miyan @ Sahil Khan @ Sahil AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to monetary surety and specific conditions.
Summary
The petitioner, Chhotu Miyan, was arrested on 5 July 2025 in connection with a rape allegation under Sections 126(2), 115(2), 329(4) and 64 of the Bharatiya Nyay Sanhita, 2023. The prosecution contended that the petitioner entered the complainant's house under false pretence, committed rape and fled when the victim shouted for help. The petitioner argued that he had a clean record, the complaint was fabricated as a retaliation for a Rs.30,000 loan, and medical evidence did not support the rape claim. After hearing both sides, the court decided to grant bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of his criminal antecedent. The bail order was made subject to cancellation if the petitioner absents himself for two consecutive court dates without sufficient cause or conceals any prior criminal record.
Issues considered
- Whether bail should be granted to the accused in a serious sexual offence case under the Bharatiya Nyay Sanhita, 2023.
- Whether the allegations against the petitioner are false and constitute a false complaint.
- Whether the petitioner’s criminal antecedent and the nature of the evidence justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 329(4), 64
Subjects
- bail
- sexual offences
- rape
- false complaint
- criminal antecedent
- Bharatiya Nyay Sanhita
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79230 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- SRINAGAR District- West Champaran
======================================================
Chhotu Miyan @ Sahil Khan @ Sahil Alam S/o- Rojid Miyan @ Rojid Ansari
R/v- Baijua W.No-12, Ps- Srinagar Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Sharad Kumar Verma, learned counsel
for the petitioner as well as Mr. Surendra Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.07.2025 in connection with Srinagar P.S. Case No. 155 of
2025, F.I.R. dated 01.07.2025 for the offences punishable under
Sections 126(2), 115(2), 329(4), 64 of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner came to her house on pretext of
charging his mobile and gave money to her husband and sent
him to buy goods and when he found her alone in house, he
committed rape upon her and when informant shouted for help
and her family members came to save her, the petitioner fled
Patna High Court CR. MISC. No.79230 of 2025(4) dt.29-01-2026
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away.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. Infact the informant and her husband had taken loan of
Rs.30,000/- from the petitioner and when the petitioner
demanded the same, the present false case has been instituted
against him and the medical evidence also does not support the
allegation as alleged in the FIR. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 05.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Bettiah, West Champaran in connection
with Srinagar P.S. Case No. 155 of 2025, subject to the
following conditions:-
Patna High Court CR. MISC. No.79230 of 2025(4) dt.29-01-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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