Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10740 of 2026 Arising Out of PS. Case No.-70 Year-2025 Thana- BISHANPUR District- Darbhanga ====================================================== Bhola Paswan, Son of Jay Narayan Paswan, Resident of village - Rupauli, Police Station - Bishanpur, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bishanpur (Bishunpur Chowk) P.S. Case No. 70 of 2025 registered for the offence punishable under Section 70 (1) of B.N.S.

3. The case of the prosecution, in short, is that the petitioner along with other accused person committed rape with the informant.

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. The medical examination of the victim was conducted on same day and doctor has not found any injury on the private part

Patna High Court CR. MISC. No.10740 of 2026(2) dt.24-02-2026 2/3 of the victim. Learned counsel for the petitioner has submitted that no sign of external and internal injuries seen on abdomen, lower body part and perineal region. No pairing of glems during vaginal examination. No injury mark seen on perineal region or clavicle genital. It has also been submitted that similarly situated co-accused Mantun Sharma has been granted bail by learned Co-ordinate Bench of this Court vide Cr. Misc. No. 3977 of 2026 and the case of this petitioner stands on similar footing. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 03.05.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

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 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Darbhanga in connection with Bishanpur (Bishunpur Chowk) P.S. Case No. 70 of 2025 with the following conditions:- (i) The petitioner shall cooperate in the trial and

Patna High Court CR. MISC. No.10740 of 2026(2) dt.24-02-2026 3/3 shall remain physically present on each and every date fixed by the learned trial court.

(ii) The petitioner shall not tamper the evidence. (Ashok Kumar Pandey, J) lata/- U T