Patna High Court
Nawal PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to all petitioners subject to a cash bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, members of the Paswan family, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to alleged assault and other offences. The prosecution alleged that a co‑accused, Pankaj Kumar, sexually exploited a victim and that the victim’s mother was assaulted by the petitioners when she complained. The petitioners contended they were falsely implicated, asserting that no specific allegation of sexual exploitation or other wrongdoing was made against them, and only one of them had a prior excise offence. The State opposed the bail application. After considering the lack of specific charges against the petitioners and their willingness to cooperate, the court granted bail subject to a cash bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the absence of specific allegations against the petitioners warrants their release on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 69
Subjects
- bail
- criminal procedure
- sexual exploitation
- false implication
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14569 of 2026
Arising Out of PS. Case No.-944 Year-2025 Thana- MAHUA District- Vaishali
======================================================
1. Nawal Paswan S/o Indradeo Paswan R/o Village - Shembho Patti, P.S -
Mahua, District - Vaishali
2. Ranjeet Paswan S/o Indradeo Paswan R/o Village - Shembho Patti, P.S -
Mahua, District - Vaishali
3. Sheela Devi W/o Nawal Paswan R/o Village - Shembho Patti, P.S - Mahua,
District - Vaishali
4. Aankul Kumar S/o Nawal Paswan R/o Village - Shembho Patti, P.S - Mahua,
District - Vaishali
5. Shivam Kumar S/o Ranjeet Paswan R/o Village - Shembho Patti, P.S -
Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 69, 126(2), 115(2), 352, 351(2) and
3(5) of Bharatiya Nyaya Sanhita.
3. As per the prosecution case, co-accused Pankaj
Kumar sexually exploited the victim and when the mother of the
Patna High Court CR. MISC. No.14569 of 2026(2) dt.12-03-2026
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victim went to complain about the misdeed of co-accused
Pankaj Kumar, she was assaulted by the petitioners.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that there is no specific
allegation against the petitioners with respect to sexual
exploitation. Specific allegation of sexual exploitation of the
victim is against co-accused Pankaj Kumar. Petitioner no. 1 has
one criminal antecedent which belongs to the Excise Act and
other petitioners have no criminal antecedent. They undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case as well as the fact that no specific allegation against
the petitioners, let the above named petitioners be released on
bail, in the event of arrest or surrender before the learned court
below within a period of six weeks from today, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur in
connection with Mahua P.S. Case No. 944 of 2025, subject to
Patna High Court CR. MISC. No.14569 of 2026(2) dt.12-03-2026
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the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
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