Mintu Khan @ Wahadat Neyazi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Mintu Khan @ Wahadat Neyazi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge, Exclusive Special Judge (Rape & POCSO Cases), East Champaran, Motihari, subject to cooperation in trial and personal appearance on every date, failing which on two consecutive dates the court below may cancel the bail bonds.

Issue for consideration

Whether the petitioner, accused in Paharpur P.S. Case No. 537 of 2024 registered under Section 64 of the BNS, should be released on regular bail.

Court's answer

The petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge, Exclusive Special Judge (Rape & POCSO Cases), East Champaran, Motihari, in connection with Paharpur P.S. Case No. 537 of 2024, subject to the condition that he shall cooperate in the disposal of trial and make himself available as and when required by the court.

Ratio / Principle

The petitioner shall physically appear before the learned court below on each and every date.

Key takeaways

In case of failure to appear on two consecutive dates, unless prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), by oral order dated 17-02-2026 in Criminal Miscellaneous No.7275 of 2026, allowed a regular-bail application by Mintu Khan @ Wahadat Neyazi, accused in Paharpur P.S. Case No. 537 of 2024 (East Champaran), registered for an offence punishable under Section 64 of the BNS on the allegation of rape upon the victim/informant. The petitioner, in custody since 25.08.2025, had a final form submitted against him by the investigating authorities; counsel pleaded innocence, an unexplained 11-day delay in lodging the FIR, implication due to political rivalry as son of a Zila Parishad member, and a claimed compromise by the informant, while the APP and informant's counsel opposed but admitted the final form. Bail was granted on bonds of Rs.10,000/- with two sureties of the like amount each before the Exclusive Special Judge (Rape & POCSO Cases), Motihari, conditioned on cooperation in the trial and physical appearance on each and every date, with liberty to the court below to cancel the bail bonds on absence on two consecutive dates unless prevented by extremely adverse circumstances.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7275 of 2026

Arising Out of PS. Case No.-537 Year-2024 Thana- PAHARPUR District- East Champaran

======================================================

Mintu Khan @ Wahadat Neyazi S/O Azad khan Resident of villageNakardei, P.S.- Sugauli, District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar

Geeta Devi Wife of Umesh Thakur Resident of village- Kotwa, P.S. Paharpur, District- East Champaran.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. For the State : Mr.Uma Shankar Prasad Singh, APP For the Informant : Mr.Krishnakant Singh, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 17-02-2026

Heard learned counsel for the petitioner as well

as learned APP for the State.

In this case, the petitioner is seeking regular bail

in connection with Paharpur P.S. Case No. 537 of 2024, registered for the offences punishable under Section 64 of the BNS.

As per allegation, the petitioner committed rape upon the victim/informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. No explanation of 11 days in lodging of the FIR has

Patna High Court CR. MISC. No.7275 of 2026(2) dt.17-02-2026 2/3

been given. The petitioner is son of member of Zila Parishad and due to political rivalry, he has falsely been implicated. He has submitted further that when the informant perceives the mistake, she compromised the case. The petitioner is under custody since 25.08.2025. The investigating authorities submitted final form against the petitioner.

On the other hand, the learned APP for the State and the learned counsel for the informant have though opposed the prayer for bail but fairly admitted that final form has been submitted against the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Exclusive Special Judge (Rape & POCSO Cases) East Champaran, Motihari in connection with Paharpur P.S. Case No. 537 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. The petitioner shall physically appear before the learned court below on each and every date. In case of failure on two consecutive dates, unless he is prevented by

Patna High Court CR. MISC. No.7275 of 2026(2) dt.17-02-2026 3/3

extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J)

kundan/-

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