Patna High Court
Shekhar Paswan @ Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioners, subject to a bond and sureties, considering the delay, clean antecedent, and the nature of the allegations.
Summary
The petitioners, Shekhar Paswan and Chandan Paswan, sought bail in a case registered under Section 354(A) of the IPC and Section 8 of the POCSO Act, alleging they were falsely implicated due to a land dispute and enmity. They argued that the complaint was filed after an inordinate delay of more than eight months and that the victim's age was concealed, creating doubt about the prosecution's case. The State opposed the bail, emphasizing the seriousness of the offences. The court considered the nature of the allegations, the delay in filing, and the petitioners' clean criminal record, and decided to grant bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioners to surrender within six weeks if arrested.
Issues considered
- Whether bail should be granted to accused persons in a case under IPC Section 354(A) and POCSO Act Section 8.
- Whether the eight‑month delay in filing the complaint warrants bail.
- Whether the petitioners' clean antecedent and alleged motive of land dispute affect the bail decision.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to impose conditions on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 354(A)
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- IPC 354A
- POCSO Act
- delay in complaint
- land dispute
- false implication
- clean antecedent
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2394 of 2026
Arising Out of PS. Case No.-32 Year-2020 Thana- BHOJPUR COMPLAINT CASE District-
Bhojpur
======================================================
1. Shekhar Paswan @ Shekhar Kumar S/o Arvind Paswan Resident of Village-
Ichari, PS- Ayer District- Bhojpur At Ara
2. Chandan Paswan S/o Arvind Paswan Resident of Village- Ichari, PS- Ayer
District- Bhojpur At Ara
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the State : Mr. Shantanu Kumar, APP
For O.P. No. 2 : Mr. Pankaj Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
2. The petitioners apprehend their arrest in a case
registered under Section 354 (A) of the Indian Penal Code and
Section 8 of the POCSO Act.
3. It is alleged that the accused persons including the
petitioners molested the complainant with bad intention.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to land dispute and previous enmity. Further
submission is that there is an inordinate delay of more than eight
months in filing the complaint case, which creates serious doubt
over the prosecution. Allegation against the petitioners is
general and omnibus. He further submitted that the victim girl
Patna High Court CR. MISC. No.2394 of 2026(3) dt.19-03-2026
2/2
was major at the time of occurrence, but her parents have
tactfully concealed her actual age. Petitioners have no criminal
antecedent. They undertake to cooperate in the trial.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the O.P. No. 2 have opposed the bail
application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegation against the petitioners, delay in filing the
complaint case and clean antecedent of 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 District and
Additional Sessions Judge-VI-cum-Exclusive Special Court of
POCSO Act, Bhojpur at Ara in connection with Complaint Case
No. 32 (C) of 2020, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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