Created by Fuzzy Cloud

Patna High Court

Suraj PasawanversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                       3/3




                                  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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.