Patna High Court
Abhay Paswan @ Abhay Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted; the application was dismissed.
Summary
The petitioner, Abhay Paswan, filed an anticipatory bail application fearing arrest in a case (Mahila P.S. Case No. 04 of 2025) alleging his involvement in immoral trafficking and forced prostitution of minor girls. The prosecution alleged that he was part of an orchestra group that trafficked minors for prostitution, invoking sections of the Bharatiya Nyaya Sanhita, the POCSO Act and the Immoral Traffic (Prevention) Act. The Court examined the seriousness of the allegations, particularly the exploitation of children, and found them sufficient to deny anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks to obtain regular bail, failing which the police would arrest him. The order was communicated to the Superintendent of Police, Arwal for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of allegations of trafficking and prostitution of minor girls under the Bharatiya Nyaya Sanhita, POCSO Act and ITPA.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 144, 3(5), 61(2), 75
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- trafficking of minors
- POCSO
- ITPA
- criminal procedure
- bail
- sexual exploitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14989 of 2026
Arising Out of PS. Case No.-4 Year-2025 Thana- Mahila District- Arwal
======================================================
Abhay Paswan @ Abhay Kumar Paswan S/o Late Bansraj Paswan @
Vanshraj Paswan Resident of Village- Janakpur Dham, Arwal, Sipah, P.S. and
District- Arwal
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- YYY R/v- Lav Vila Apartment Ps- Bodhgaya Dist- Gaya, p/A-
R.No-19, Sect.2, Ps- Bhatti Bhilai Chhatisgarh
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mungeshwar Kumar, Advocate
For the State : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Mahila P.S. Case No. 04 of 2025 instituted under Sections
144, 75, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita;
Sections 8 and 12 of the POCSO Act and Sections 3, 4, 5 and 6
of the Immoral Traffic (Prevention) Act.
3. As per the prosecution case, the petitioner is
alleged to be involved in immoral trafficking and is also
alleged to have forced the minor girls into prostitution.
4. The petitioner has been found to be a part of
orchestra group and is involved in trafficking minor girls for
Patna High Court CR. MISC. No.14989 of 2026(2) dt.12-03-2026
2/2
prostitution.
5. Considering the nature of allegation, I am not
inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the application stands dismissed.
7. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Arwal will take all steps for arrest of
the petitioner.
8. Let a copy of this order be communicated to the
Superintendent Police, Arwal through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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