Patna High Court
Sunil Chauhan @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Sunil Chauhan, was arrested in connection with a case registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (rape) and Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of criminal antecedents, and that the victim refused a medical examination, alleging the case was fabricated due to business rivalry. The State opposed bail, relying on the victim’s recorded statement under Section 183 of the BNSS that corroborated the FIR. The court examined the victim’s statement and the seriousness of the alleged offence and concluded that bail could not be granted at this stage. Consequently, the bail petition was rejected.
Issues considered
- Whether bail should be granted to the accused in a rape case under Section 64 of the Bharatiya Nyaya Sanhita, 2023, considering the victim’s statement under Section 183 of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 64
Subjects
- bail
- rape
- criminal procedure
- Section 64 BNSS
- Section 183 BNSS
- Bihar Prohibition and Excise Act
- victim statement
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87617 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- AIRPORT District- Patna
======================================================
Sunil Chauhan @ Sunil Kumar Son of Late Dinanath Prasad R/o Village -
Tahal Tola, P.S. - Rupaspur, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Mritunjay, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Hawari
Adda P.S. Case No. 203 of 2025 instituted for the offences
under Sections 64 of the Bharatiya Nyaya Sanhita, 2023 and
30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the the petitioner is of
commission of rape upon the informant.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submitted that the entire
prosecution case is false and concocted and the petitioner is
being dragged in this case merely due to business competition
Patna High Court CR. MISC. No.87617 of 2025(4) dt.20-02-2026
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near the house of the victim. Learned counsel further submitted
that victim has even denied to undergo medical examination. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 27.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
APP further submitted that victim in her statement recorded
under Section 183 of the BNSS has corroborated the contents of
the FIR, and therefore, the petitioner does not deserve to be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case as also Section 183 BNSS statement of the victim,
this Court is not inclined to grant bail to the petitioner at this
stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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