Patna High Court
Suraj PasawanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Suraj Paswan applied for bail in a case registered as Daniyawan P.S. Case No. 259 of 2025, alleging offences under the Bihar Narcotic Substances (BNSS) Act, 2023 and the POCSO Act. The prosecution alleged that Paswan grabbed a minor’s chest, attempted to take her away, offered cash, and assaulted the minor’s grandmother. Paswan contended he was falsely implicated, asserting no sexual assault charge and citing a lack of criminal antecedents while being in judicial custody since 3 December 2025. The court examined the allegations, the nature of the offences, and the petitioner’s claim of innocence. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Sessions Judge‑VII‑cum‑Exclusive Special Judge, POCSO, Patna.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged assault on a minor and her grandmother under the BNSS Act, 2023 and the POCSO Act.
Legislation cited
Subjects
- bail
- assault
- minor
- POCSO Act
- BNSS Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16494 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- DANIYAWAN District- Patna
======================================================
Suraj Pasawan S/o- Sambhu Paswan R/v- Po- Netar Ps- Daniyawan Dist-
Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX YY R/v- Chhota Hasanpur Po- Khusarupoor Ps- Khusarupoor Dist-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Daniyawan P.S. Case No. 259 of 2025 registered for the
offence punishable under Sections 75, 76, 352, 351(2), 3(5) of
the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was sitting at the shop of her
grandmother. At that time, the petitioner came and asked for
cigarette to which she denied, as there was no cigarette in the
shop. On this, the accused grabbed her chest and tried to
forcibly take her away and also offered cash if she followed her.
Patna High Court CR. MISC. No.16494 of 2026(2) dt.13-03-2026
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On this, the minor daughter started screaming. Her grandmother
reached the shop and witnessed the petitioner holding the
granddaughter and attempting to assault her. It is further alleged
that the petitioner also abused the grandmother and assaulted
her.
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. He also submits that during the course of the investigation,
the victim has given her statement under recorded under Section
183 of the BNSS, wherein it has been stated by her that the
petitioner has caught her top near the chest, pulled her, and also
offered cash if she follows her, and it is further alleged that
when the grandmother objected, he assaulted her as well. From
perusal of the FIR, it is clear that there is no allegation of sexual
assault against this petitioner. The petitioner only caught the top
of the victim and has assaulted the grandmother. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 03.12.2025.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.16494 of 2026(2) dt.13-03-2026
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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
Sessions Judge-VII-cum-Exclusive Special Judge, POCSO,
Patna in connection with Daniyawan P.S. Case No. 259 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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