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Patna High Court

Govinda PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.

Summary

The petitioner, Govinda Paswan, was named in a complaint alleging molestation of a 15‑year‑old girl under Section 354(A) IPC and Section 8 of the POCSO Act, allegedly arising from a land dispute. The petitioner’s counsel argued that the allegations were vague, the incident was non‑penetrative, and co‑accused persons had already been granted anticipatory bail, warranting parity. The State opposed bail. The Court noted the general nature of the allegations, the background of a land dispute, and the bail already granted to co‑accused, and therefore ordered the petitioner’s release on anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of offences under Section 354(A) IPC and Section 8 POCSO Act.
  • Whether the nature of the allegations and the bail granted to co‑accused justify granting bail to the petitioner.
  • What conditions under Section 438 CrPC and Section 482 BNSS are applicable to the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • POCSO
  • Section 354A IPC
  • Section 8 POCSO
  • land dispute
  • co‑accused parity
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33811 of 2026
                 Arising Out of PS. Case No.-32 Year-2020 Thana- BHOJPUR COMPLAINT CASE District-
                                                         Bhojpur
                 ======================================================
                 Govinda Paswan S/o Ajay Paswan R/o Village - Ichari, P.S. - Ayer, District -
                 Bhojpur.
                                                                          ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     XXX D/o YYY R/o Village - Ichari, P.S. - Ayer, District - Bhojpur.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Dhanesh Shankar Vidyarthi
                 For the Opposite Party/s :     Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   15-05-2026                     Heard the parties.

                                2. The petitioner is named in the complaint petition and

                   apprehending his arrest in connection with Complaint Case No.

                   32(C) of 2020 registered for the offences punishable under Section

                   354(A) of the IPC and Section 8 of the POCSO Act.

                                3. As per complaint petition, it is alleged that accused

                   persons including this petitioner molested the complainant. It is also

                   alleged that the complainant aged about 15 years was sexually

                   assaulted, also during the occurrence by co-accused persons

                   including petitioner.

                                4. It is submitted by learned counsel appearing on behalf

                   of the petitioner that allegation is appearing very much general and

                   omnibus in nature against petitioner and, moreover from the

                   statement of victim it appears that the occurrence took place in the

                   background of land dispute. It is also submitted that similarly
               Patna High Court CR. MISC. No.33811 of 2026(2) dt.15-05-2026
                                                           2/2




                         situated co-accused persons namely Shekhar Paswan and Chandan

                         Paswan have already granted anticipatory bail by one of the learned

                         Co-ordinate Bench of this Court through Cr. Misc. No. 2394 of 2026

                         dated 19.03.2026 and, therefore, as a matter of judicial parity this

                         petitioner also deserves bail. While concluding the arguments, it is

                         submitted that above named petitioner is a man of clean antecedent.

                                        5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by taking

                         note of nature of allegations, which is qua non penetrative sexual

                         assault in the background of land dispute, coupled with the fact as

                         similarly situated co-accused have already granted anticipatory bail

                         by one of the learned Co-ordinate Bench, accordingly petitioner

                         above-named, in the event of his arrest or surrender before the court

                         below within a period of four weeks, is directed to be released on

                         bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                         with two sureties of the like amount each to the satisfaction of the

                         learned 6th District and Additional Sessions Judge-cum-Exclusive

                         Special Court of POCSO Act, Bhojpur at Ara/concerned Court,

                         where the case is pending in connection with Complaint Case No.

                         32(C) of 2020, subject to the conditions as laid down under Section

                         438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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