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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4301 of 2025 Arising Out of PS. Case No.-753 Year-2025 Thana- NAWADA District- Nawada ====================================================== Md. Sabir S/O Iliyaash Rain @ Md. Iliyas Rahi Resident of Gondapur, P.S. - Nagar, District - Nawada ... ... Appellant/s Versus
1. The State of Bihar Patna
2. Rani Kumari D/O Sita Ram Rajabanshi R/O Vill.- Diwmubara Tajpur, P.S.- Roh, Dist.- Nawada. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Raj Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 02-04-2026 Heard the parties.
2. This appeal is preferred against the order dated 24.09.2025 passed by the learned Exclusive Special Judge, SC/ST POA Act, Nawada arising out of Nawada P.S. Case No. 753 of 2025 registered for the offence under Sections 70(1) of the BNS and under Section 3(1)(r)(s)/3(2)v of the SC/ST Act.
3. As per the prosecution case, one known and some unknown persons are said to have committed gang rape with the victim.
4. The appellant is in custody since 16.07.2024 and the name of the appellant has come during investigation.
5. It has been submitted by the learned counsel for the
Patna High Court CR. APP (SJ) No.4301 of 2025(5) dt.02-04-2026 2/2 appellant that the witnesses have been examined in the trial and they have not supported the prosecution case.
6. Considering the submission of the parties and also considering the Judgment of the Hon’ble Supreme Court in the case of X Vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539, this Court is not inclined to grant bail to the appellant.
7. Accordingly, this appeal stands dismissed.
Vikas/- (Sandeep Kumar, J) U