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Patna High Court

Shamim Miyan @ Samim AkhtarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
            Patna High Court CR. MISC. No.79321 of 2025(3) dt.11-03-2026
                                                        3/3




                      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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