Patna High Court
Shamim Miyan @ Samim AkhtarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding no allegation against him in the victim’s statement.
Summary
Shamim Miyan was arrested in connection with a case alleging that a minor was sexually assaulted and a video was made viral. The prosecution alleged that the petitioner was present during the incident, but the victim’s statement under Section 183 of the B.N.S. did not name him as an accused. The informant’s counsel also conceded that the statement contained no allegation against the petitioner. The petitioner’s counsel argued that he is innocent, has no prior criminal record, and has been in judicial custody since 18‑09‑2025. After hearing both sides, the High Court found no substantive allegation against the petitioner and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, Shamim Miyan, should be granted bail despite the allegations of sexual offences under the B.N.S., POCSO Act and SC/ST(POA) Act.
- Whether the victim’s statement under Section 183 of the B.N.S. sufficiently implicates the petitioner.
Legislation cited
Subjects
- bail
- POCSO
- sexual offences
- minor
- Section 183
- B.N.S.
- SC/ST(POA) Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79321 of 2025
Arising Out of PS. Case No.-330 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
Shamim Miyan @ Samim Akhtar S/O Mustufa Mian @ Mustufa Khan
Resident of Vill- Machhargava, P.S.- Yogapatti, Dist- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. X S/O Late Bhus Paswan R/O Village- Machhargava, Purab Tola, Ward
No. 07, P.S- Yogapatti, Distt.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Ms. Meena Singh, APP
For the Informant : Mr. Shyamal Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Yogapatti P.S. Case No. 330 of 2025 registered for the
offence punishable under Sections 64, 65(1) & 3(5) of the
B.N.S., under Sections 4 & 6 of the POCSO Act and under
Section 3(2)(v) of the SC/ST(POA) Act.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was called by one Golu Miyan
and he has established forceful physical relationship with her. It
is further alleged that Mushan Miyan, Shamim Miyan
(petitioner) and Sameer Miyan were also present at the time of
alleged occurrence and these three persons made the photograph
Patna High Court CR. MISC. No.79321 of 2025(3) dt.11-03-2026
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of the victim viral.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During course of investigation, the victim has given her
statement before learned Magistrate under Section 183 of the
BNSS wherein she has stated that Rehana Khatoon has called
her at her home and at her home Mushan has committed rape
with her. She has further stated that Golu has clicked the video
and has made it viral. Learned counsel for the petitioner has
submitted that from perusal of the statement of the victim under
Section 183 of the BNSS it is clear that there is no allegation
against this petitioner. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 18.09.2025.
5. Learned counsel for the Informant is present and he
has conceded that there is no any allegation against this
petitioner in the statement of the victim.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, POCSO-cum-D.A.S.J.-VI, Bettiah, West Champaran in
connection with Yogapatti P.S. Case No. 330 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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